The URL can be used to link to this page

Home My WebLink About2014-10-14 Board of Selectmen HandoutDRAFT MOTIONS BOARD OF SELECTMEN MEETING OCTOBER 14, 2014 Arena, West, Ensminur, Halsey, Sexton LeLacheur 4b) Move that the Board of Selectmen confirm the Volunteer Appointment Subcommittee's recommendation to appoint Rebecca Longley to a position on the Conservation Commission with a term expiring June 30, 2017. 4c) Move that the Board of Selectmen confirm the Volunteer Appointment Subcommittee's recommendation to appoint Daniel Foley to a position on the Recreation Committee with a term expiring June 30, 2015. Move that the Board of Selectmen confirm the Volunteer Appointment Subcommittee's recommendation to appoint Mary Ellen Stolecki to an Associate position on the Recreation Committee with a term expiring June 30, 2015. 5d) Move that the Board of Selectmen recommend the subject matter of Article 1 of the 2014 Subsequent Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 2 of the 2014 Subsequent Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 3 of the 2014 Subsequent Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 4 of the 2014 Subsequent Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 5 of the 2014 Subsequent Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 6 of the 2014 Subsequent Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 7 of the 2014 Subsequent Town Meeting Warrant. 0 Move that the Board of Selectmen recommend the subject matter of Article 8 of the 2014 Subsequent Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 9 of the 2014 Subsequent Town Meeting Warrant. Move that the Board of Selectmen recommend the subject matter of Article 10 of the 2014 Subsequent Town Meeting Warrant. 6a) Move that the Board of Selectmen approve the minutes of September 10, 2014 as amended. 6b) Move that the Board of Selectmen approve the minutes of September 23, 2014 as amended. 6c) Move that the Board of Selectmen approve the minutes of September 29, 2014 as amended. Move to go into Executive Session to consider the purchase, exchange, lease or value of real property, and to discuss strategy with respect to litigation and that the chair declares that an open meeting may have a detrimental effect on the negotiating position of the body and not to reconvene in Open Session. JA MW DE JH KS o'N or fit. tic ,., Office of the Town Manager 16 Lowell Street 6�9'fNCORQ��P Reading, MA 01867 To: Board of Selectmen From: Robert W. LeLacheur, Jr. CFA Date: October 14, 2014 RE: October 14th BOS Meeting 781 - 942 -9043 townmanager @ci.reading.ma.us www.readingma.gov /town - manager Agenda Items At 6:30pm Marsie West will hold office hours in the Great Room at the Pleasant Street Center The BOS meeting will begin at 7:00pm and the Police department will lead a large badge pinning ceremony, to reflect all of the promotions and a few new hires that have happened over the past several months. I apologize in the lateness of this meeting overview, but until this moment the agenda was in flux. Late last week, upon the advice of Town Counsel, we added a 7:30pm agenda item in case Ricky's Liquors appeal to the ABCC earlier this month had a decision. No such decision has yet been handed down, so that agenda item will be deferred until a future BOS meeting — expect Town Counsel to be present at such a meeting. The Board may move to Liaison Reports and Public Comment at approximately 7:30pm. Note that a previously scheduled Tax Classification preview was cancelled. I discussed this after reviewing options with the BOS Chair and Vice Chair, and now ask the remaining members if they would prefer a) a preview on 10/28 and the Hearing on 11/18 b) the Hearing on 10/28 Today we have advertised the Hearing on 10/28 as required by law (two weeks' notice), but either choice a) or b) works. Know that both our Appraiser Victor Santaniello (shared with Wakefield) and Patriot Properties are both well known to the state, so we should avoid some delays that happened in the past. They are on track for and would prefer a 10/28 Hearing, but needed additional time this week to work with the DOR on some recent complex apartment sales transactions. On October 23`d 1 expect they will be able to provide you a very comprehensive packet in preparation for a 10/28 Hearing, and both the Board of Assessors and Victor will be available for any questions that Board members might have over that weekend. I will gather any individual questions and discussion to share with the entire Board on 10/28 as needed. If the DOR slows down this process, I will advise the Board. At 8:00pm Town Accountant Sharon Angstrom will present her summary findings in regards to her procurement investigation. Last Thursday night at the end of the regularly scheduled FINCOM meeting, I left and she stayed to discuss their next steps in this regard, after the vote by Town Meeting. October 14, 2014 Board of Selectmen Sharon will also present a brief analysis of some fees currently collected that are suggested to change. I would expect the Board to take this up formally as part of your January 2015 budget review, and therefore take no action tonight. I will discuss the compost /depot sticker tonight as well. Next the Board will discuss the November Town Meeting Warrant. We have listed all Articles for the Board to take a position on, but historically the Board has not voted on Articles they have not sponsored. A recent exception was the Articles related to the work of the ZAC, out of respect for ZAC Chair and fellow Selectmen Marsie West. Dan Ensminger will then lead a discussion about the Town Manager's Review for fiscal 2014. The final item is to adjourn to Executive Session, for the purpose of discussing litigation as well as real estate. Future Meetings Please note the addition of a meeting on December 2 "d; the previously scheduled meeting on December 23`d will be held as needed. October 14, 2014 Board of Selectmen C�) DRAFT - BOARD OF SELECTMEN 2014 AGENDAS 2014 1011412014 Responsibility Start time October 14, 2014 - at Pleasant Street Center Office Hour Marsie West 6:30 Badge Pinning Cormier 7:00 Appointments Conservation Commission and Recreation Committee Riek-y's Liquors lieense LeLee-heu r X38 Town Accountant Report Angstrom 8:00 _ Discuss fees and collection policies Angstrom 8:20 Vote Subsequent TM Warrant Articles LeLacheur 9:00 Town Manager Evaluation Arena 9:30 EXECUTIVE SESSION To discuss Real Estate and to discuss Litigation LeLacheur 9:50 October 28, 2014 HEARING Tax Classification Hearing Santaniello/Bd of Assessors 7:30 Mystic Valley Elder Services Delios 8:30 Financial Forum III preview LeLacheur 9:15 Preview Jan '15 Special Town Mtg Warrant Permanent Building Committee (Bylaw Comm) Charter (Charter Review Comm) LeLacheur 9:30 Request authorization for internal borrowing for the Public Library Project LeLacheur 9:55 October 29, 2014 Financial Forum III November 4, 2014 - Election Subsequent Town Meeting November 10, 2014 Monday Town Meeting November 13, 2014 Thursday Town Meeting November 17, 2014 Monday November 18, 2014 Office Hour John Arena 6:30 HOLD for Tax Classification (if needed) Santaniello/Bd of Assessors 7:30 RCASA update Cormier 8:00 Approve Liquor licenses LeLacheur 8:30 RMLD Presentation - LED Program and Organizational/Reliability Study lColeen O'Brien I 9:00 0 Town Meeting November 20, 2014 Thursday December 2, 2014 Office Hour John Halsey 6:30 Approve licenses LeLacheur 7:30 Private/Public Road discussion Town Counsel 8:00 Review FY16 Town Manager Goals LeLacheur 9:30 Discuss Reading 2020 Working Groups LeLacheur 9:45 December 9, 2014 HEARING Close Warrant for January 5, 2015 Special Town Meeting LeLacheur 7:30 Vote on Special Town Meeting Articles LeLacheur 7:45 Enterprise Funds Workshop LeLacheur 8:00 December 23, 2014 If Needed Future Agendas Reading 2020 Community Meeting Winter'15 Downtown Parking Spring '15 Multi BCC Summit RMLD joint meeting Strout Avenue Master Plan (after Town Forest planning work is done) Feudo Recurring Items Close Town Meeting Warrants by Sep 23/Nov by Mar 3 /April Review BOS/TM Goals Mar - July -Dec Tri -ann Review Customer Service survey results Feb & Aug Semi -ann Review Regionalization efforts June Annual Appointments of BCCs June Annual Approve Classification & Compensation June Annual Appoint Town Counsel June Annual Tax Classification Hearing October Annual Approve licenses December Annual Reports to BOS Town Accountant Report Qtrly RCTV members Report Semi -ann CAB (RMLD) member Report Semi -ann MAPC member Report Semi -ann BOS Appointed Boards, Committees & Commissions Annual Reading Housing Authority Report Annual Reading Ice Arena Report Annual F Town of Reading b Meeting Minutes 63�° 1lRC0 N Board - Committee - Commission - Council: Volunteer Appointment Subcommittee Date: 2014 -09 -30 Time: 7:00 PM Building: Reading Town Hall Location: Berger Room Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Chairman Daniel Ensminger, Kevin Sexton Members - Not Present: Others Present: Office Manager Paula Schena, Rebecca Longley, Daniel Foley Minutes Respectfully Submitted By: Secretary Topics of Discussion: The Committee interviewed Rebecca Longley for one position on the Conservation Commission. Ms. Longley indicated she had served the Commission years ago. She is working part time now and looking for something to keep her busy. She volunteered this summer for the Audubon Society. She was a wetland biologist years ago. Daniel Ensminger asked if she was okay with the time commitment and Ms. Longley indicated her only issue is with the sight inspections on Sunday mornings, but she will hook up with the Administrator during the week. Kevin Sexton asked if she had any stories about what can be done in wetlands and she noted that she will need to get up to speed with the new regulations but she knows that borings for a sampling well can be done in the wetlands. She also noted that the regulations are more lenient for landfills and she remembers some controversy years ago about bow hunting on Conservation land. A motion by Sexton seconded by Ensminger to recommend appointment of Rebecca Longley to a position on the Conservation Commission with a term expiring June 30, 2017 was approved by a vote of 2 -0 -0. Daniel Ensminger noted that this vacancy is created because Mary Ellen Stolecki is stepping down to an Associate position. The Committee interviewed Daniel Foley for a position on the Recreation Committee. Mr. Foley indicated he grew up in Reading and participated in all of the Recreation programs. He is interested in helping with the kids. He is coaching Saturday Night Lights. Daniel Ensminger asked if he had any new ideas for the Recreation Committee and Mr. Foley indicated he did not. Mr. Ensminger indicated the Town welcomes public /private partnerships and there will be a potential for revenues. Mr. Foley indicated he would be happy to be involved. He also noted he had no problem with the time commitment. Page 1 1 iJ� Volunteer ADDOintment Subcommittee Minutes - September 30. 2014 - Daae 2 A motion by Sexton seconded by Ensminger to recommend appointment of Daniel Foley to a position on the Recreation Committee with a term expiring June 30, 2015 was approved by a vote of 2 -0 -0. A motion by Sexton seconded by Ensminger to recommend appointment of Mary Ellen Stolecki to an Associate position on the Recreation Committee with a term expiring June 30, 2015 was approved by a vote of 2 -0 -0. A motion by Sexton seconded by Ensminger to adjourn the meeting at 7:20 p.m. was approved by a vote of 2 -0 -0. Respectfully submitted, Secretary roll Page 1 2 G7i 1014 AUG 27 AM 10: 52 APPLICATION FOR APPOINTMENT TO BOARDS /COMMITTEES /COMMISSIONS Name: kuaku Date: () t (First) (Middle) Address: S5 Q sSyly nep hoe, Tel. (Home) Tel. (Work) (Is this number listed ?)___AZO Occupation: V RXdL (!9V : i,AI1 / A L # of years in Reading., CWS o Y Are you a registered voter in Reading ?UPS a =mail address: red Mq_-t n(L• 1 oY q4qgO S m Place a number next to your preferred position(s) (tip to four choices) with #1 being your first priority. (Attach a resume if available.) _Animal Control Appeals Committee Audit Committee _Board of Appeals Board of Cemetery Trustees Board of Health Board of Registrars Bylaw Committee Celebration Committee Cities for Climate Protection _Commissioner of Trust Funds Community Planning & Development Comm. 17-Conservatiou Commission _Constable Contributory Retirement Board Council on Aging _Cultural Council Custodian of Soldiers' & Sailors' Graves _Economic Development Committee Please outline relevant experience for IFA Fall Street Faire Committee Finance Committee Historical Commission Housing Authority - Human Relations Advisory Committee _MBTA Advisory Committee Metropolitan Area Planning Council Mystic Valley Elder Services Recreation Committee RMLD Citizens Advisory Board Town Forest Committee Trails Committee West Street Historic District Commission Other ,e 01 q6,63 2014 SEP 25 Alf 9: 07 APPLICATION FOR APPOINTMENT TO BOARDS /COMMITTEES /COMMISSIONS Name: rt LEY bt9LT6 IV Date:- g (Last) (First) (Middle) Address:_ 3 a G 'A N b S 7�a -r Tel. (Home) ( / L 779 / 22 9 Tel. (Work) t7W 68,E - &S3 (Is this number listed ?) !v Occupation:__eys. S smms. ,AN6-LJS'T' # of years in Reading: 6- Are you a registered voter in Reading e-mail address: bAW,017it_E_}/ 1�0 GMYW L- 6017 Place a number next to your preferred position(s) (up to four choices) -with #1 being your first priority. (Attach a resume if available.) _Animal Control Appeals Committee _Audit Committee _Board of Appeals Board of Cemetery Trustees _Board of Health Board of Registrars Bylaw Committee _Celebration Committee _Cities for Climate Protection Commissioner of Trust Funds _ Community Planning & Development Comm. Conservation Commission _Constable Contributory Retirement Board _Council on Aging Cultural Council, _Custodian of Soldiers' & Sailors' Graves _Economic Development Committee Fall Street Faire Committee Finance Committee Historical Commission Housing Authority Human Relations Advisory Committee MBTA Advisory Committee Metropolitan Area Planning Council _Mystic Valley Elder Services LRecreation Committee RMLD Citizens Advisory Board _Town Forest Committee _Trails Committee _West Street Historic District Commission Other Please outline relevant experience for the positions) sought: 1 c` `` o� t ) lvor w r,,,,, W", Aq's" // /amps ;, A,r� . fl Lf/rw / f ///'Yf ," i. ms in ca / /erg e. Coach, -d m y day jkMM swnoe- t •1-6a// AymS in OAS 2 Tn- U Nb,(,ly Town of Reading` Office of Town Accountant To: Board of Selectmen and RMLD Commissioners From: Sharon Angstrom, Town Accountant Subject:. Final Report on Surplus Trucks Inquiry Date: September 30, 2014 I have completed my inquiry into the disposition of surplus trucks that took place at RMLD in early April 2014. The areas of concern upon inspection of the documents and inquiry were as follows: • The trucks were sold to an employee for an amount that was clearly well below market value. • RMLD's policy allowed for the sale of assets to an employee. • The policy did not require General Manager or RMLD Board approval to dispose of these assets. • The offering only ran in the local paper for one day and was not found on the RMLD or Town's websites. • The offering failed to reach its target market as the employee was the only bidder. • The bidder failed to submit a non - collusion form with the bid as prescribed by Ch. 30B. • The bill of sale and title were signed by a mid -level manager and not by the General Manager or RMLD Board. • No due diligence was done to assess the value of the trucks. • RMLD purchased at least one replacement truck before offering the trucks for sale and failed to inquire about the trade in value on these trucks, which would have provided a baseline figure for value. • The policy did not convey the importance of keeping bid status confidential. • No one on the team that awarded the bid questioned the value. • The policy did not address that RMLD has the right to reject any bid that fell significantly below estimated market value. These issues were highlighted at the RMLD's policy meeting that took place on July 1st. After that meeting the General Manager, Coleen O'Brien sent RMLD's policies for vetting by RMLD's attorney and discovered that the transaction was in violation of Ch. 268A Section 20 which prohibits a municipal employee from beneftting from a contract entered into by his /her municipality. MGL also states that this section shall not apply to a municipal employee who in good faith and within 30 days of notification of the violation terminates the interest. The General Manager notified the employee by letter of the violation. Upon receipt of the letter the employee agreed to return the trucks and reverse the transaction. The employee received his $350 back but was not refunded for any work he had done since he took ownership of the trucks. 16 Lowell Street, Reading, MA 01867 Phone 781 - 942 -9005 Fax 781- 942 -9037 �j Town of Reading Office of Town Accountant`4 On July 23�d, I requested backup from the General Manager of all sales made to employees in recent years. On August 5th, after making a second request through the Facilities Manager, I received a summary (email attached) with no backup from the Director of Integrated Resources, who was covering the General Manager's vacation. On July 24th after the trucks were returned I requested from the General Manager the paperwork to transfer the titles back to RMLD. On August 5th after making a second request through the Facilities Manager I received the signed bill of sale agreements for all three trucks but only one title was signed back to RMLD. I was told the original titles would be used since the employee had not registered 2 of the trucks and that new titles needed to be issued through the RMV. On July 31st I requested pictures of each side of the 3 trucks in question to assist me in assessing condition and determining value. The trucks were between 11 -15 years in age, so it was understandable to see that there was some rust. I wanted to see the extent before attempting to determine value. I did some searches on the Internet to find comparable trucks to be used in my assessment of value. Around this time I learned that there was an auction house in Reading that auctions this type of equipment called Universal Machinery. I decided to reach out to this company to see if they would be willing to give me an estimate on the trucks'value. I spoke with Dan Robinson who was happy to help. I provided Dan with the maintenance records, several pictures of each truck, along with descriptions provided by RMLD regarding the condition of each truck at the date of sale and upcoming maintenance that would be needed. Dan requested the engine hours on the trucks and the type of aerial device on each truck. I requested this information from the Facilities Manager who provided the additional information. Within a few days Dan emailed me with an estimated total value of $30,000 - $40,000. Dan did this estimate for the Town free of charge. I have enclosed his email regarding the value of the trucks for your review. I read in the newspaper that RMLD had adopted a new surplus disposition policy. I attempted to review the approved policy to assess whether the policy addressed all the key issues and concerns related to this transaction. I went to the RMLD website and found that the old policy was still posted, thus I am unable to comment on the new policy. If I can be of any further assistance please feel free to contact me. 16 Lowell Street, Reading, MA 01867 Phone 781 -942 -9005 Fax 781 - 942 -9037 (5 Sb�. Timeline for RMLD Trucks 2/25/14 - Trucks were removed from service. 3/1/14 - Letters sent to user communities offering the trucks 3/26/14 — Ad ran in local newspaper requesting bids by 4/9/14 4/9/14 — Bids were opened and awarded — employee was the only bidder 4/23/14 — Bill of Sale & Titles were signed 6/17/14 — Anonymous letter was received by Town Manager 6/18/14 — Spoke with RMLD Business Manager and forwarded letter 6/18/14- Requested backup for the transaction from RMLD HR Admin & Bus Mgr. 6/27/14 — Received requested backup by email from RMLD Chairman 7/1/14 — Attended policy meeting at RMLD and expressed my concerns 7/10/14 — Rubin & Rudman notified Coleen the transaction violated Ch. 268 S20. 7/14/14 — Coleen sent a letter to the employee notifying him of the violation 7/23/14 — I requested backup on other sales made to employees 7/24/14 — Trucks were returned and paperwork was signed 7/24/14 — I requested the backup on the return of the trucks from Coleen 7/31/14- Requested photos of trucks and info on engine hrs. and aerial devices 8/1/14 — Received photos, engine hrs. & aerial device information 8/1/14- Sent information on the trucks to Dan at Universal Machinery 8/5/14- Email received from Dan regarding estimated value 8/5/14- Received summary of sales to other employees with no backup 8/5/14- Received signed bill of sale agreements and one signed title. ly 2014 Subsequent Town Meeting Monday November 10, 2014 WARRANT OUTLINE REVISED 10/14/2014 Art. Mover/ Moderator # Article Description Sponsor Comment Notes 1 I Reports I Board of Selectmen 2 1 Instructions I Board of Selectmen 3 Amend the Capital Board of Selectmen Improvement Program FY 2015 - FY 2024 4 Approve Payment of Prior Board of Selectmen Year's Bills 5 1 Amend the FY 2015 Budget IFfNCOM 6 I Roadway Easement — Board of Selectmen Walker's Brook Bus She 7 Zoning Bylaw Changes — CPDC Planned Residential Development (PRD) for 149 Van Norden Road 10/14/2014 1 ♦ RMLD — Chair David Talbot ♦ Schools — Superintendent Dr. John Doherty ♦ ad hoc Charter Review Committee — Chair Alan Foulds ♦ Permanent Building Committee — Bylaw Committee Chair Stephen Crook ♦ FINCOM — Chair Mark Dockser ♦ Motion to Table — John Arena ♦ Motion to Table — Marsie West ♦ Motion — Dan Ensminger ♦ Presentation —Bob LeLacheur ♦ FINCOM report — Paula Perry ♦ Motion Indefinitely Postpone — Postpone Kevin Sexton ♦ Motion — Mark Dockser ♦ Presentation — Bob LeLacheur ♦ FINCOM report — Mark Dockser ♦ Motion — John Halsey ♦ Presentation — Bob LeLacheur ♦ CPDC Committee report - ♦ Motion — Jeff Hansen ♦ Presentation — Jean Delios ♦ Bylaw Committee report - Stephen Crook 2/3 vote required 9 2014 Subsequent Town Meeting Monday November 10, 2014 WARRANT OUTLINE REVISED 10/14/2014 8 Zoning Bylaw — CPDC ♦ Motion - Jeff Hansen 2/3 vote required Comprehensive Update ♦ Presentation — Jean Delios ♦ Bylaw Committee report - Ste hen Crook 9 Summer Avenue Historic West Street Historic ♦ Motion — Everett Blodgett 2/3 vote required District District Commission ♦ Presentation — Everett Blodgett ♦ Bylaw Committee report — Ste hen Crook 10 Bylaw Change — Section Board of Selectmen ♦ Motion — John Arena 2/3 vote required 8.9.1 Firearms ♦ Presentation — Bob LeLacheur ♦ Bylaw Committee report - Ste hen Crook 10/14/2014 0 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on , 2014 notified and warned the inhabitants of the Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior to November 10, 2014, the date set for Town Meeting in this Warrant. I also caused a posting of this Warrant to be published on the Town of Reading website on , 2014. A true copy Attest: Laura Gemme, Town Clerk , Constable ro TOWN WARRANT FR H � �Q J 639 +IfICOR COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, in said Reading, on Tuesday, November 10, 2014, at seven -thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer - Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Town Manager and any other Official, Board or Special Committee. Board of Selectmen Background: This article appears on the Warrant for all Town Meetings. At this Special Town Meeting, the following report(s) are anticipated: ➢ RMLD Annual Report (Chair David Talbot) ➢ School Department Annual Report (Superintendent Dr. John Doherty) ➢ Update on Charter Review Committee (Chair Alan Foulds) ➢ Update on Permanent Building Committee (Bylaw Committee Chair Stephen Crook) ➢ Update from FINCOM (Chair Mark Dockser) ARTICLE 2 To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen r4 104 Background: This Article appears on the Warrant of all Town Meetings. There are no known Instructional Motions at this time. The Town Moderator requires that all proposed Instructional Motions be submitted to the Town Clerk in advance so that Town Meeting Members may be "warned" as to the subject of an Instructional Motion in advance of the motion being made. Instructional Motions are normally held until the end of all other business at Town Meeting. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 3 To see if the Town will vote to amend the FY 2015 -24 Capital Improvements Program as provided for in Section 7 -7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen Background: This Article is included in every Town Meeting Warrant. The Reading General Bylaw states (section 6.1.3) "... No funds may be appropriated for any capital item unless such item is included in the Capital Improvements Program, and is scheduled for funding in the Fiscal Year in which the appropriation is to be made." Bond ratings agencies also want to ensure that changes to a long -term CIP are adequately described. Previously authorized $680 000 for November by September Special Town Meetin4 $400, 000 School Facilities - Joshua Eaton roof Phase //(increased from $392, 000 and moved up from FY16) $100, 000 School Facilities - Parker MS multipurpose room repairs $ 80, 000 DPW Fuel Management System $ 50, 000 Town Facilities - Town Hall generator (moved up from FY16 and incr. from $20, 000) $ 50, 000 DPW Pickup Truck #2 (moved up from FY16) The following changes are proposed to the FY 2015 — FY 2024 CIP: General Fund FY15: $44,000 + $ 30,000 School Facilities — engineering assessment of RMHS retaining wall + $14,000 School Facilities - RMHS Water Heater (increased to $54,000) $ 0 School Facilities —reclassify $100,000 Parker MS multipurpose room repairs to be roof repairs in that area of the same building FY16: $142,000 $100,000 Town Facilities: Fire Station lighting /security system $ 40,000 School Facilities: Coolidge phone system (moved up from FY17) $ 22,000 School Facilities: RMHS masonry work ($20,000) School Facilities: Joshua Eaton Windows /Doors (deleted) FY17+ Various changes made Finance Committee Report: The Finance Committee recommends the proposed amendments to the FY 2015 — FY 2024 Capital Improvements Program by a vote of 6 -0 -0 at their meeting on October 9, 2014. Placing items in the Capital Improvement Program is a prerequisite but in itself does not authorize spending funds towards these items. Bylaw Committee Report: No report. By Charter, both the Finance Committee and Bylaw Committee are advisory to Town Meeting and their votes must be reported to Town Meeting, preferably in writing in advance when possible. Other volunteer Boards/Committees/Commissions (BCC) also vote on Warrant Articles, and when possible those votes are noted herein with an asterisk ( *) next to the name of the BCC. Please note that the Board of Selectmen often act as the sponsor for Articles at Town Meeting, but they may do so as a courtesy and not agree with it. *Board of Selectmen Report: The Board of Selectmen at their meeting on October 14, 2014 voted x -0 -0 to support this Article. ARTICLE 4 To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money to pay bills remaining unpaid from prior fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen Background: There are no known unpaid invoices from the previous fiscal year, so this Article will be tabled. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 5 To see if the Town will vote to amend the Town's Operating Budget for the Fiscal Year commencing July 1, 2014, as adopted under Article 14 of the Annual Town Meeting of April 28, 2014 and amended by Article 8 of the Special Town Meeting of September 29, 2014; and to see if the Town will vote to raise and appropriate, borrow or transfer from available funds, or otherwise provide a sum or sums of money to be added to the amounts appropriated under said Article, as amended, for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee Background: General Fund — Wages and Expenses Account Line Description Decrease Increase C99 — Capital $400,000 — School Fac: J. Eaton roof Phase 2 $724,000 $100,000 — School Fac: Parker MS roof repairs $ 80,000 — DPW Fuel Management System $ 50,000 — Town Fac: Town Hall generator $ 50,000 — DPW Pickup Truck #2 $ 30,000 — School Fac: RMHS retaining wall $ 14,000 — additional for RMHS water heater H91 — Community Regional Housing Services Coordinator* $36,750 Services wages H92 — Community Regional Housing expenses* $10,000 Services expenses Subtotals $0 $769,000 Net Operating Expenses $769,000 From Tax Levy, State Aid and Other Local Receipts $146,750 $100,000 Excise taxes *$ 46,750 Regional partner payments for shared Housing Services From Cash Reserves $622,250 Finance Committee Report: The Finance Committee recommends this Article by a vote of 6- 0-0 at their meeting on October 9, 2014. Bylaw Committee Report: No report. *Board of Selectmen Report: The Board of Selectmen at their meeting on October 14, 2014 voted x -0 -0 to support this Article. ARTICLE 6 To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase, eminent domain or otherwise, a permanent easement over the parcel of land shown as "EASEMENT AREA = 108.3 SF" on a plan entitled " 'Easement For Construction & Maintenance Of Bus Shelter Located At 25 Walkers Brook Dr., Reading, MA' scale: 1" = 8', dated January 7, 2013 prepared by the Town of Reading, Massachusetts, Department of Public Works, Engineering Division ", a copy of which plan is available for inspection at the Office of the Town Clerk. Said easement shall be for the purpose of authorizing the installation, maintenance, repair, operation, and use by members of the public of a bus stop waiting area and shelter on said parcel; or take any other action with respect thereto. 6 Board of Selectmen Background: Engineering is compiling the background information. Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of x -0 -0 at their meeting on October 21, 2014. *Board of Selectmen Report: The Board of Selectmen at their meeting on October 14, 2014 voted x -0 -0 to support this Article. ARTICLE 7 To see if the Town will vote to amend the Reading Zoning Map, dated April 18, 2013, as amended, as referenced in Section 3.2 of the Reading Zoning Bylaw, to overlay the Planned Residential Development — General (PRD -G) Overlay District upon a certain portion of land located at 149 Van Norden Road (shown on Assessors Map 39 as Lot 212) containing 2.42 acres, more or less, which parcel is situated on the northerly side of Van Norden Road, such parcel being bounded and described as follows: Northerly by land formerly of C.P. Judd, one hundred ninety four and 48/100 (194.48) feet; Easterly by lot numbered 30 on the below referenced plan, five hundred fifty (550) feet, more or less; Southerly by Van Norden Road, as shown on the below referenced plan two hundred (200) feet, more or less; and Westerly by lot numbered 27 on the below referenced plan, five hundred eighty five (585) feet, more or less. Being the same premises shown as Lots 28 and 29 on a plan entitled "Plan of Land owned by H.D. Van Norden; dated September 14, 1911 ", recorded at the Middlesex South District Registry of Deeds at the end of Book 3637. The premises are also shown as parcel 212 on Reading Assessors' Map 39. or take any other action with respect thereto. Community Planning and Development Commission Background: The Planning division is compiling the background information. 0 Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of x -0 -0 at their meeting on October 21, 2014. *Board of Selectmen Report: The Board of Selectmen at their meeting on October 14, 2014 voted x -0 -0 to support this Article. ARTICLE 8 To see if the Town will vote to amend the Zoning Bylaw by deleting sections 2.0 Definitions, 4.0 Use Regulations, 5.0 Intensity Regulations, 6.0 General Provisions Affecting All Districts, 7.0 Administration, 8.0 Applicability, and 9.0 Adoption and Amendment in their entirety, together with all appendices associated with such sections, and replacing them with new sections 2.0 Definitions, 4.0 Administration, 5.0 Use Regulations, 6.0 Intensity Regulations, 7.0 Nonconforming Uses and Structures, 8.0 Sign Regulation, 9.0 Parking, 10.0 Overlay Districts, 11.0 Planned Development, and 12.0 Applicability, Adoption and Amendment, together with all appendices associated with such sections, the texts of which sections and appendices are available for inspection in the Office of the Town Clerk, or take any action with respect thereto. Community Planning and Development Commission Background: Over the past year the Zoning Advisory Committee (ZAC) has been working on the Comprehensive Update to the Zoning Bylaw. The goal of the zoning bylaw update was to simplify, modernize, and clarify zoning and to make the permitting process more user friendly. The zoning update project has been designed to ensure that the bylaw is easy to use and understand by the public and by Town staff. We received numerous comments as part of the stakeholder interviews, that our zoning is difficult to use. A zoning diagnostic revealed that the zoning bylaw had: internal inconsistencies; outdated and confusing language; and conflicts with statutory and case law that need to be addressed. This update has been conducted with the assistance of a specialized zoning consultant, extensive public participation as well as input from the Community Planning and Development Commission (CPDC) and Town Staff. Article 8 is recommended by the ZAC. The updated zoning bylaw is being presented as articles for multiple Town Meetings as follows: Special Town Meeting, September 29, 2014, 5 zoning articles, 4 were approved. • Purpose (Section 1) — Not Adopted • Establishment of Districts (Section 3) — Adopted • Deletion of Wetlands Protection District (Section 4.5) — Adopted • Deletion of Mixed Use Overlay District (Section 4.7) — Adopted • Registered Medical Marijuana Dispensaries (Section 4.13) —Adopted Subsequent Town Meeting, November 10, 2014, one zoning article including core changes to the zoning bylaw, including sections that logically belong together, which will be subject to an up or down vote. Where noted below, the old zoning bylaw will be deleted and the new, zoning bylaw will be inserted. As part of this article the remaining sections will be renumbered only and put into the new bvlaw format using the current wording. 5-01 • Use current wording - Purpose (Section 1) • Delete Definitions (Old Section 2), Insert Definitions (New Section 2) • Establishment of Districts (Section 3) — adopted 9/29/14 • Delete Administration (Old Section 7), Insert Administration (New Section 4) • Delete Use Regulations (Old Section 4), Insert Use Regulations (New Section 5) • Delete Intensity Regulations (Old Section 5), Insert Intensity Regulations (New Section 6) • Delete Nonconforming Uses (Old Section 6.3) and Insert Nonconforming Uses and Structures (New Section 7) • Use current wording — Sign Regulations (Old Section 6.2) Reorganize (New Section 8) • Use current wording — Parking (Old Section 6.1) Reorganize (New Section 9) • Use current wording — Overlay Districts (Old Section 4) Reorganize (New section 10) • Use current wording — Planned Development (Old Section 4.9, 4.10) Reorganize (New Section 11) • Delete Applicability (Old Section 8), Insert Applicability and Severability (New Section 12) Annual Town Meeting, April 28, 2015 • Delete Purpose (Section 1) — new language to be proposed • Delete Sign Regulations (Old Section 6.2), Insert Sign Regulations (New Section 8) • Delete Parking (Old Section 6.1), Insert Parking (New Section 9) • Delete Overlay Districts (Old Section 4), Insert Overlay Districts (New section 10) • Delete Planned Development (Old Section 4.9, 4.10), Insert Planned Development (New Section 11) In addition, further zoning articles are likely to be forthcoming at Subsequent Town Meeting in November of 2015 related to centralizing definitions after Town Meeting acts on all of the other zoning changes. The attached detailed summary of changes further explains the nature of the changes before Subsequent Town Meeting as part of Article 8. 2N OLD ZONING NEW ZONING STATUS REVISIONS BYLAW BYLAW SECTION SECTION Not Approved Purpose Authority and Special Town (Section 1) Purpose Meeting (9/29/14) (Section 1) Article 9 • Pending more community dialogue Pending Annual Town Meeting (4/28/15) Future Article Modernize Pending . More definitions and updated terms Definitions Definitions Subsequent Town . Definitions are better organized and (Section 2) (Section 2) Meeting (11/10/14) centralized Article 8 . Contemporary definitions replace Core definitions obsolete ones updated . Graphics have been added to clarify terms Pending a Core definitions located in Section 2 November 2015 • Definitions with limited applicability Town Meeting - are in respective sections Centralize all definitions once all Sections approved by Town Meeting Approved • Deleted Wetlands Protection and Establishment Establishment Special Town Mixed Use Overlay Districts of Districts of Districts Meeting (9/29/14) . The Wetlands Protection District (Section 3) (Section 3) Article 10 Overlay has become obsolete; replaced by the State Wetland Protection Act and the Local Wetland Protection Bylaw. The Conservation Commission voted to approve this change. • The Mixed Use Overlay district has never been used; replaced by the Downtown Smart Growth District. e The reference to the FIRM map was corrected. Clarified how to interpret zoning for lots in two districts. Approved (Partial)* . Registered Medical Marijuana Use Use Special Town Dispensaries are zoned for the Regulations Regulations Meeting (9/29/14) Industrial District (with input from (Section 4) (Section 5) Article 13 RCASA and the RPD) and moved to the new Section 5 Pending------------------------------------------------- Subsequent Town ------------------ - - - - -- Meeting (11/10/14) . Reorganized over 100 pages of Article 8 scattered provisions into a more Modernize, Simplify easily understood set of Section 5 requirements; • Two Tables of Uses have been *NOTE: The updates developed. CJ related to regulating a Principal uses and their application Registered Medical have been evaluated to ensure the Marijuana use meets the intent of each district. Dispensaries were a Streamlined the special permit approved at 9129114 process designating CPDC as the Town Meeting board for both special permits and site plan review eliminating the need to apply to two separate boards. e Updated requirements for Accessory Uses. e Added a new Accessory Buildings and Structures section. e Clarified requirements and added new provisions for Accessory Apartments. e Carriage House regulations have been streamlined into the requirements for Accessory Apartments (with input from the Reading Historical Commission). e Uses and activities requiring Site Plan Review are reformatted for convenience and clarity. e No change to the Site Plan Review thresholds e Application requirements are handled in the regulations so that the zoning bylaw is streamlined. e Separated out uses by Special Permit to new subsection e Updated Section on Nursing Homes /Assisted Living Facilities Pending Floodplain Floodplain Subsequent Town Overlay Overlay Meetinq (11/10/14) District District Article 8 (Section 4.4) (Section 10.1) Reorganization only — no wording changes a No substantive changes made e Minor changes to clarify language. Pending Annual Town Meeting (4/28/15) Future Article Modernize, Simplify Approved a Removed — not needed Wetlands DELETED Special Town Protection Meeting (9/29/14) District Article 11 Section 4.5 Approved a Removed— not needed Mixed Use DELETED Special Town Overlay Meeting (9/29/14) District Article 12 Section 4.6 z1 Pending Municipal Municipal Subsequent Town Reuse District Reuse District Meeting 01 /10/14) (Section 4.7) (Section 10.2) Article 8 Reorganization only — no wording changes • Changed the Special Permit Granting Pending Authority to the CPDC rather than Annual Town Meeting the Zoning Board of Appeals. 4/28/15 Future Article Modernize, Simplify Pending Aquifer Aquifer Subsequent Town Protection Protection Meeting (11/10/141 District District Articie 8 (Section 4.8) (Section 10.3) Reorganization only — no wording changes • Modified definition of Impervious Pending Area to be more flexible Annual Town Meeting . Updated to allow for more 4/28/15 Future streamlined review of Boundary Article Disputes by the Town Engineer. Modernize, Simplify . Added provision for lots within two districts and provided more detail and clarity for recharge requirements for lots occupied by Single and Two- Family residences. Pending Planned Unit Planned Unit Subsequent Town Meeting (11/10/14) Development Development • Reorganized the section to ease (Section 4.9) (Section 11.1) Article 8 administration and make the process Reorganization only user friendly. — no wording . Deleted an `Alternative Procedure" changes for Application which was complex and challenging. Pending • Parking and Signage requirements Annual Town Meeting clarified and made consistent with 4/28/15 Future other Sections of the bylaw. Article . `Allowed Uses" moved into a table Modernize, Simplify rather than text. z1 Pending Planned Planned Subsequent Town Residential Residential Meeting 01/10/14) Development Development Article 8 (Section 4.10) (Section 11.2) Reorganization only — no wording changes • Language was updated to make requirements more user - friendly and easier to understand. Pending . Clarified the allowed uses by Annual Town Meetinq reference to the Table of Uses. 4/28/15 Future Reorganized sections. Article . Clarified the formula for residential Modernize, Simplify density and open space restriction Pending Gateway Gateway Subsequent Town Smart Growth Smart Growth Meeting 01/10/14) District District Article 8 (GSGD) (GSGD) Reorganization only (Section 4.11) (Section 10.4) — no wording changes • No substantive changes made Pending a Minor changes to clarify language or Annual Town Meeting to be consistent with other Sections 4/28/15 Future in bylaw Article Modernize, Simplify Pending Downtown Downtown Subsequent Town Smart Growth Smart Growth Meeting 01/10/14) District District Article 8 (DSGD) (DSGD) Reorganization only (Section 4.12) (Section 10.4) — no wording changes Pending • No substantive changes made Annual Town Meetinq . Minor changes to clarify language or (4/28/15) Future to be consistent with other Sections Article in bylaw z� Modernize, Simplify Pending Intensity Intensity Subsequent Town a No Major Changes Regulations Regulations Meeting (11/10/14) a Reorganized the dimensional (Section 5) (Section 6) Article 8 controls to be more modern and Modernize, Simplify easier to understand General Provisions See Below See Below See Below Affecting All Districts (Section 6) Parking Off Street Pending (Section 6.1) Parking and Subsequent Town Loading Meeting (11/10/14) (Section 9) Article 8 Reorganization only — no wording changes a No substantive changes made. e Parking provisions are clarified and Pending additional principal uses added into Annual Town Meeting the parking table. 4/28/15 Future e A more tailored set of parking and Article loading requirements based on the Modernize, Simplify use and for clarification. Signs Signs Pending (Section 6.2) (Section 8) Subsequent Town Meeting (11/10/14) Article 8 Reorganization only — no wording a The language is modified and changes updated, with provisions consolidated for greater clarity Pending a Added tables where large amount of Annual Town Meeting text made navigating difficult. 4/28/15 Future a Included graphics/pictures to assist Article with identification of sign types Modernize, Simplify Nonconforming Nonconforming Pending (Section 6.3) Uses and Subsequent Town e A nonconforming use such as a Structures Meeting (11/10/14) single family home in the downtown Article 8 (Section 7) (Business B) can make modifications (like building a deck) without the need to go to the ZBA provided they meet the dimensional requirements. z� Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of x -0 -0 at their meeting on October 21, 2014. *Board of Selectmen Report: The Board of Selectmen at their meeting on October 14, 2014 voted x -0 -0 to support this Article. ARTICLE 9 To see if the Town will vote to amend the General Bylaws by: (a) Striking section 7.3.3 thereof in its entirety and inserting, in place thereof, the following: 7.3.3 District The District shall consist of two areas as shown in Appendix A -1 and Appendix A -2. (b) Amending section 7.3.4.2 thereof by striking the words "one or two property owners from the District area' and inserting, in place thereof, the words "one or two owners of property located within a District area." (c) Amending the Appendix A thereof by re- designating it as Appendix A -1 and inserting the word "Area" at the end of the title thereof. (d) Inserting a new Appendix A -2, to be titled "Summer Avenue Historic District Area," and containing a map, titled "Summer Avenue Historic District Area," a copy of which is available for inspection in the Office of the Town Clerk. P • Streamlined so that simple projects, routinely approved Special Permits from the ZBA, are subject to staff reviews only. Clarified vague language including what triggers a special permit. Pending . Reorganized so that the Subsequent Town administration of zoning, permitting Administration Administration Meetinq (11/10/14) and review processes are clearly (Section 7) (Section 4) Article 8 stated up front Modernize, Simplify . Administration is modified and updated and includes the provisions related to effective date and invalidity Applicability Pending . Language was streamlined leaving (Section 8) Severability Subsequent Town only the severability language to be (including (Section 12) Meeting 11/10/14 applied to the bylaw. Invalidity and Article 8 9.0 Adoption Modernize, Simplify and Amendment Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of x -0 -0 at their meeting on October 21, 2014. *Board of Selectmen Report: The Board of Selectmen at their meeting on October 14, 2014 voted x -0 -0 to support this Article. ARTICLE 9 To see if the Town will vote to amend the General Bylaws by: (a) Striking section 7.3.3 thereof in its entirety and inserting, in place thereof, the following: 7.3.3 District The District shall consist of two areas as shown in Appendix A -1 and Appendix A -2. (b) Amending section 7.3.4.2 thereof by striking the words "one or two property owners from the District area' and inserting, in place thereof, the words "one or two owners of property located within a District area." (c) Amending the Appendix A thereof by re- designating it as Appendix A -1 and inserting the word "Area" at the end of the title thereof. (d) Inserting a new Appendix A -2, to be titled "Summer Avenue Historic District Area," and containing a map, titled "Summer Avenue Historic District Area," a copy of which is available for inspection in the Office of the Town Clerk. P or take any other action with respect thereto. West Street Historic District Commission Background: As the sponsor of a Town Meeting article that would create a Local Historic District on Summer Avenue, the West Street Historic District Commission would like to offer the following introductory information to you. This article is on the warrant as Article 9 for Subsequent Town Meeting, scheduled to begin November 10. Please feel free to contact a Commission member if you would like additional information, or you can visit the West Street Historic District Commission's page on the town website for further information, including a map and the Preliminary Report. What is a Local Historic District? A Local Historic District is a preservation tool, established and administered at the local level, to protect the distinctive characteristics of a neighborhood and to encourage new design that is compatible with the existing area and setting. Other historic designations do not offer the level of protection of a Local Historic District. For example, a National Register designation offers NO protection to a property; and inclusion on the Town's inventory of historic structures cannot protect a structure, except to delay its demolition by 6 months. Of the 25 properties proposed to be included in the Summer Avenue LHD, there are 10 structures on the Town's Historical and Architectural Inventory, of which 5 that are recognized as National Register properties. A Local Historic District would give them the protection they deserve. Under what authority is an LHD established? Local Historic Districts are established under the Historic Districts Act (Massachusetts General Laws Chapter 40C), which empowers municipalities to adopt a bylaw and to create multiple Districts under the bylaw. Reading passed the Local Historic District bylaw and created its first LHD, the West Street Historic District, in 2005. At that time, it was expected that other LHDs would be established over time to benefit and protect the unique character of additional neighborhoods. While there are a number of areas and neighborhoods to be considered as potential Local Historic Districts in Reading, the subject of this Town Meeting article is the proposed creation of a Summer Avenue Local Historic District. Who administers a Local Historic District after it is established? A Local Historic District Commission (LHDC) reviews all applications by owners within the district and the Commission determines whether a Certificate of Non - Applicability, a Certificate of Appropriateness, or disapproval will be issued to indicate its decision of a proposed exterior alteration prior to work being done. It is likely that Reading will have one Local Historic District Commission that will oversee both the West St and the Summer Ave LHDs. _What protection does an LHD offer to the properties within its boundary? The design review process assures that changes to properties will not detract from the District's historic character. All exterior changes that are visible from a public way, including demolition, are subject to review by the LHDC, however there is a list of alterations for which the commission may issue a Certificate of Non - Applicability, including: paint color, roofing material color, mailboxes, flagpoles, window boxes, gutters, house numbers, storm windows, screens, shutters, window air conditioners, terraces, walks, driveways, and more. In addition, the LHD does not have any control over the use of the properties within the District. What is the process for creating a new District? (i) In a town that already has an LHD, the existing Local Historic District Commission is responsible for preparing a Preliminary Report for local and state review. The West Street Historic District Commission submitted its Preliminary Report for the Summer Avenue Local Historic District to the State (Mass Historical Commission) and to the Town's planning commission (CPDC) on August 25, 2014. (ii) The District Commission is also responsible for educating the property owners in the proposed District regarding the potential impact to them of the new guidelines and review process. In September, the Commission mailed information to homeowners and also held a public "Info Session" and Q&A at the Pleasant St/Senior Center. (iii) A public hearing is required to be held 60 days or more after the submission of the Preliminary Report. That hearing is scheduled to be held October 27, 2014 at the Pleasant Street/Senior Center. (iv) The next step is Town Meeting approval of the new Local Historic District. A 2/3 vote is required. This is Article 9 on the Subsequent Town Meeting Warrant in November. How does a Local Historic District benefit a community? Local Historic Districts add value to a community because they offer protection to historic resources and settings. The Town's 2005 Master Plan calls on the Historical Commission to, "protect buildings of historical significance and establish Local Historic Districts where appropriate, as part of the value the Town puts into its architectural heritage and character." This portion of Summer Avenue, containing several National Register properties, has long been a candidate to become a Local Historic District, and has been discussed by the related Commissions since 2007. Like many communities, Reading is vulnerable to state and federal regulations which often override local zoning; the potential for loss under these conditions is persistent and growing, and it is important for the community to protect its own resources from external forces. 30 Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of x -0 -0 at their meeting on October 21, 2014. *Board of Selectmen Report: The Board of Selectmen at their meeting on October 14, 2014 voted x -0 -0 to support this Article. 33 ARTICLE 10 To see if the Town will vote to amend the General Bylaws by amending section 8.9.1 thereof by striking the words "nor to the rights and privileges of an owner or lessee of land as set forth in MGL Chapter 131 relative to hunting and sporting" as shown below: 8.9.1 FIREARMS No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind on or within the limits of any street, highway, park or other public property except with the written permission of the Board of Selectmen or its designee, or on any private property except with the written consent of the owner or legal occupant thereof and the written permission of the Board of Selectmen or its designee; provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting in the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle range, ROF t0 the Fights and PFiVileges ef an 9WR8F OF lessee of land as set feFth OR MGL GhapteF or take any other action with respect thereto. Board of Selectmen Background: The Town Manager is compiling the background information, with assistance from the Board of Selectmen. Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of x -0 -0 at their meeting on October 21, 2014. *Board of Selectmen Report: The Board of Selectmen at their meeting on October 14, 2014 voted x -0 -0 to support this Article. �3 `1 and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to November 10, 2014, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this -th day of '2014. , Constable John Arena, Chairman Marsie K. West, Vice Chairman Daniel Ensminger, Secretary John R. Halsey Kevin Sexton SELECTMEN OF READING 0-135- 0 25 Properties within Boundary of Proposed Summer Avenue Local Historic District Reading, Massachusetts Property Address Inventory # Date Built Historic Name Architectural Style 146 Summer Avenue REA.160 1873 Wisteria Lodge Second Empire 149 Summer Avenue 1920 Queen Anne 152 Summer Avenue 2006 Contemporary Colonial 159 Summer Avenue 1889 Queen Anne 160 Summer Avenue - 1807 - Altered Federal 167 Summer Avenue - 1916 - American Four - Square 168 Summer Avenue - 1966 - Modified Ranch /Split 169 Summer Avenue - 1880 - Greek Revival 172 Summer Avenue - 1994 - Contemporary Colonial 175 Summer Avenue - 1831 - Mansard /Second Empire 176 Summer Avenue REA.159 1853 Dewey Place - Francis D. Dewey House Greek Revival 181 Summer Avenue 1900 Dutch Colonial 186 Summer Avenue REA.158, 157 1853 Kemp Place & Kemp Place Barn Italianate 189 Summer Avenue REA.156 1887 Edgar N. Hunt House Queen Anne Shingle 190 Summer Avenue N/A Vacant unbuildable lot 194 Summer Avenue 1891 Queen Anne 195 Summer Avenue 1956 Contemporary Colonial 198 Summer Avenue REA.155 1847 Roswell N. Temple House Federal; Greek Revival 199 Summer Avenue REA.154 1878 Father Kemp's Place - Robert Kemp House English Revival; Second Empire 205 Summer Avenue 1956 Contemporary Colonial 210 Summer Avenue REA.250 1927 Arthur W. Coolidge House Colonial Revival 211 Summer Avenue REA.153 1892 Charles A. Loring House Queen Anne Stick 216 Summer Avenue 1928 Colonial Revival 227 Woburn Street REA.130 1888 Ada E. Lewis House Queen Anne 239 Woburn Street 1920 (Unitarian Universalist Church) English Country -Style Preliminary Report - Attachment August 14, 2014 1 � �I LAW OFFICE OF KENNETH N. MARGOLIN, P.C. 246 WALNUT STREET, SUITE 101 NEWTON, MASSACHUSETTS 02460 (617) 641 -9600 FAX: (617) 641 -9606 WEB ADDRESS: www.margoliniaw.coni EMAIL: margolin@margolinlaw.com margolinlaw.com August 6, 2014 J. Raymond Miyares, Esq. Town of Reading Town Counsel Miyares and Harrington, LLP 50 Leonard Street, Suite 3 Belmont, MA 02478 Re: Criterion Child Enrichment, Inc./ 186 Summer Ave., Reading, MA Dear Attorney Miyares: I represent Criterion Child Enrichment, Inc. (Criterion) with regard to the property at 186 Summer Avenue, Reading, Massachusetts.' Criterion is a nonprofit, charitable organization, established for the purpose of providing human services to persons who have been subjected to circumstances which have adversely affected their ability to lead normal lives, including persons at risk for later - appearing functional deficits, and their families (a copy of the purposes section of Criterion's Articles of Organization, is attached to this memorandum and labeled "A "). It has come to Criterion's attention that some residents oppose Criterion's plans for an Early Childhood Intervention program on the property. Dr. Robert F. Littleton, Jr., Criterion's President, has asked me to prepare a memorandum for Reading Town Counsel, addressing Criterion's right to use its property for its Early Childhood Intervention program. As is set forth below, Criterion's platmed use is fully protected by the Massachusetts "Dover Amendment," MG. L. c. =BOA, ,¢3. Further protection for Criterion's program is provided by the Americans with Disabilities Act, 12 U.S.C. x'12101, el seq,, and Section 504 of the Rehabilitation Act, 29 US. C. §794.2 ' Criterion is also represented by John V. Fernandes, Esq., of Milford. Attorney Fernandes has been handling various permitting issues, including the demolition permit. ' Criterion is confident that it will have no difficultly meeting all reasonable parking and dimensional requirements, that may be lawfully regulated under the Dover Amendment. In addition to 186 Summer Avenue, the contiguous, unbuildable lot known as 190 Summer Avenue, is included in Criterion's P & S. It is fundamental that "[A]djacent lots in common ownership will normally be treated as a single lot for zoning purposes ...." Preston v. Bd ofAppeals of Hull, 51 Mass. App. Ct. 236, 238 (200 1) (citations omitted). V LAW OFFICE OF KENNETH N. MARGOLIN, P.C. August 6, 2014 Page 2 of 6 I. Current Status of the Property Criterion has a signed Purchase and Sales Agreement with the current owner, for the property. The structures on the property are listed as historic structures, pursuant to §7.2.3 of the Town of Reading General Bylaw (the "Bylaw "). Criterion has applied for a demolition permit. A public hearing was held on July 29, 2014, and the six month demolition delay period pursuant to §7.2.6 of the Bylaw has begun. Criterion management will work with the Town to explore potential alternatives to complete demolition, as required by the Bylaw, and hopes to reach a mutually acceptable resolution in advance of expiration of the six month delay. Once complete or partial demolition has occurred, Criterion will build a structure to house an Early Childhood Intervention program, that it will operate at 186 Sununer Avenue (a copy of the program description portion of the "186 Summer Street Demolition Permit Supporting Documentation," submitted by Criterion as part of its Demolition Permit application, is attached to this memorandum and labeled "B "). Overview of Criterion's Early Childhood Intervention Proaram Criterion's Early Childhood Intervention program is operated pursuant to Part C of IDEA, the federal Individuals with Disabilities Education Act, 20 U.S.C. §1432, et seq., and pursuant to M. GL. c. 111G, §1, et seq., and attendant regulations. The program will serve children between birth and three years of age, and their families, when the children have documented developmental delays or are at risk for developmental delay. The services provided are "for the purpose of minimizing the potential for developmental delay and for preventing the institutionalization of such children and shall be developmental services, including but not limited to speech, occupational and physical therapy, social work, psychological, educational, and nursing services." M. GL. c. 111 G, ,¢1. Early childhood intervention programs, such as Criterion's, are an integral part of the state and federally mandated special education system. Services to Criterion's children and families, will be provided pursuant to an Individualized Family Service Plan (IFSP), which is developed after careful "multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs." 20 U.S.C. §1436. Not surprisingly, given the Early Childhood Intervention program's place as part of the special education system, the IFSP bears many similarities to the Individualized Education Program (IEP) required by 20 U.S.C. §1414 and M.G.L. 71B, §3, and includes, among other elements, "a statement of the measurable results or outcomes expected to be achieved for the infant or toddler and the family, including pre- literacy and language skills, as developmentally appropriate for the child, and the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the results or LAW OFFICE OF KENNETH N. MARGOLIN, P.C. August 6, 2014 Page 3 of 6 outcomes is being made and whether modifications or revisions of the results or outcomes or services are necessary..." 20 U.S.C. §1436(d)(3). The program must incorporate "an educational component that promotes school readiness and incorporates preliteracy, language, and numeracy skills...." 20 U.S.C. §1435(c)(2)(B). Criterion will serve small groups of children at its 186 Surnmer Ave, program. Staff will also provide early childhood intervention services to children and their families, in their homes. Criterion, established in 1985, is one of the largest providers of child and family development services in the Commonwealth, serving over 5,000 families each year, with a staff of over 300 professionals at 12 locations throughout the state. Criterion has a deserved reputation for excellence. Criterion is also a good neighbor, and values cooperative relationships with municipal officials. III. The Application of the Dover Amendment to Criterion's Planned Use The Dover Amendment, M.G.L. c. 40A, ,¢3, allows programs by nonprofit educational corporations, that serve an educational purpose, to locate as of right in any zoning district, subject only to a specific list of reasonable dimensional and parking requirements.3 The statute has a lengthy history of judicial interpretation. An overriding theme of the case law for decades, has been that the definition of "education" is expansive and not restricted to traditional schooling. The wide variety of uses deemed "educational" under the law have included, single - family group homes at which habilitation and daily living skills are taught (Harbor Schools, Inc. v. Board of Appeals of Haverhill, 5 Mass.App.Ct. 600 (1977); Fitchburg Housing Authority v. Zoning Board of Appeals of Fitchburg, 380 Mass. 869 (1980)); major universities, (Trustees of Tufts College v. City of Medford, 415 Mass. 753 (1993)); mental health corporation providing services for prevention and treatment of mental illness (Gardner -Athol Area Mental Health Association, Inc. v. Zoning Board of Appeals of Gardner), supra, a homeless shelter at which various life coping skills were taught to homeless families, Brockton Coalition for the Homeless v. Tonis, 2004 WL 810296 (Mass. Super., Hely, J.); and other programs providing services beyond traditional schooling. ' An "educational corporation" is simply a nonprofit corporation whose operation of an educational program, as defined by the Dover Amendment, is within the authority granted by the corporation's bylaws. Gardner -Athol Area Mental Health Assn, Inc. V. Zoning Bd. of Appeals of Gardner, 401 Mass. 12, 16 (1987). 0 LAW OFFICE OF KENNETH N. MARGOLIN, P.C. August 6, 2014 Page 4 of 6 The oft - quoted definition of "education" in Mount Hermon Boys' Sch. v. Gill, 145 Mass. 139, 146 (1887), has been incorporated into Dover Amendment jurisprudence: ... Education is a broad and comprehensive term. It has been defined as 'the process of developing and training the powers and capabilities of human beings....' Education may be particularly directed to either the mental, moral, or physical powers and faculties, but in its broadest and best sense it relates to them all. In many ways, Criterion's Early Childhood Intervention program is more traditionally educational than community residences in which the teaching of life skills, such as coping with significant learning and emotional difficulties, independent living, self -care, job seeking, budgeting, and making use of community resources, occur — all recognized as "educational purposes" protected by c. 40A, §3 (and its predecessor, c. 40A, §2). Fitchburg Housing Authority v. Board of Zoning Appeals of Fitchburg, supra.4 IV. Threatened Bylaw Amendment Some opponents of Criterion's program, have stated publicly that they will try to persuade Reading elected officials to push through a historic commission or historic district - related Bylaw amendment, aimed at derailing Criterion's plans. Such a provision, however worded, would blatantly target Criterion and the children and families it plans to serve, and would violate the Americans with Disabilities Act, as well as the Dover Amendment. There is no doubt that Criterion will serve children who have "disabilities" as defined in the Americans with Disabilities Act (the "ADA "), 42 U.S.C. §12101, et sect.; 42 U.S.C. §12102. The ADA was enacted to prevent discrimination against individuals on the basis of handicap, and to aid their integration into all public activities. 42 U.S. C. §12101; Executive Order 13217, June 18, 2001, 66 F.R. 33155.5 The activities of the Historical Commission, any Historic District Commission, and the Reading Board of Selectmen, are ' Criterion's program, existing as it does as part of the federal and state special education spectrum of services, is in no way similar to those programs in which the educational component was secondary, an after - thought. (See, for example, Whitinsville Retirement Society, Inc. v. Town of Northbridge, 394 Mass. 757 (1985); Regis College v. Town of Weston, 462 Mass. 280 (2012)). 5 As a result of federal funding to the Town of Reading, Section 504 of the Rehabilitation Act, 29 U.S.C. §794, would likely also apply. Courts have interpreted the ADA and the Rehabilitation Act, essentially the same. (see, for example, South Middlesex Opportunity Council, Inc., 752 F.Supp.2d 85, 114 (D.Mass. 2010), citing, Tsonibanidis v. West Haven Fire Dept, 352 F.3d 565, 573 -74 (2d Cir. 2003); Sharpsvisions, Inc. v. Borough of Plum 475 F.Supp.ld 514, 521 (W.D. Pa 2007)). LAW OFFICE OF KENNETH N. MARGOLIN, P.C. August 6, 2014 Page 5 of 6 "services, programs or activities" as set forth in the ADA, 42 U.S.C. §12132. See, Culvahouse v. City of LaPorte, 679 F. Supp. 2d 931, 916 (N.D. Ind. 2009), for a discussion of the comprehensive scope of "services, programs or activities" covered by the law. Any discriminatory intent aimed at Criterion because of the disabilities of the clients it serves, would obviously violate the ADA. Even absent discriminatory intent, however, a bylaw designed to thwart Criterion by forcing it to leave in place historic elements to its property that would render it unfit for its clients with disabilities, would have a disparate impact on Criterion. Under a disparate impact theory, there need be no evidence of discriminatory intent — only of negative impact, on the basis of handicap, by a facially neutral act or policy. Gamble v. City of Escondido, 104 Fad 300, 306 (9th Cir. 1997). The services that Criterion will provide to infants and young children with disabilities, and their families, are desperately needed in Reading and surrounding areas. Criterion's choice of properties was made after an extensive search. The Bylaw amendment that some Reading residents hope will be enacted, would have a far larger negative impact on Criterion clients — because of their disabilities — than it would on non - handicapped individuals, and would thus violate the federal civil rights legislation, the ADA. Despite the fact that that the threatened Bylaw amendment might not be part of the Town of Reading Zoning Bylaw, it would nevertheless violate Criterion's rights under the Dover Amendment. While programs protected by the Dover Amendment are not exempt from all land use requirements (see, for example, Southern New England Conference of Seventh -Day Adventists v. Town of Burlington, 21 Mass.App. Ct. 701 (1986)), courts have invalidated attempts to use criteria outside of the Dover Amendment to restrain the use of properties protected by the law. For example, the Land Court has recognized the inappropriateness of using traffic concerns to block a Dover Amendment project, holding that "... discretion to overturn a child care facility use based on general traffic safety issues would certainly violate the Dover Amendment ...." Teddy Bear Club, Inc. v. City ofNeuvton, 2004 WL 2212768 (Mass. Land Ct., Sands, III, J.) at 5. In a leading Dover Amendment case, the Appeals Court held that municipal decisions made under non - zoning powers, can still violate the Dover Amendment. In overturning the Town of Brookline's denial of a lodging house license, the Appeals Court acknowledged that while Brookline's licensing scheme was not part of the zoning bylaw, that: ... a municipality may not, through the exercise of its power under G.L. c. 140, §23, undo the Dover Amendment by forbidding the use of land for educational purposes on general grounds of adverse impact on the neighborhood or similar land use considerations. L4, LAW OFFICE OF KENNETH N. MARGOLIN, P.C. August 6, 2014 Page 6 of 6 Newbury Junior College v. Town of Brookline, 19 Mass.App.Ct. 197, 206 -207 (1985) (emphasis supplied). The Court noted further that "[A] municipality 'cannot achieve indirectly that which it is forbidden to achieve directly. "' Id. at 206, quoting Rogers v. Provincetown, 384 Mass. 179, 182 (1981), and endorsed the trial judge's ruling that "[T]he courts have repeatedly said that educational use cannot be prohibited by zoning. To allow such use to be prohibited by any backdoor method ... is ... wrong." Id. at 207. V. Conclusion Criterion's Early Childhood Intervention program, planned for 186 Summer Avenue, Reading, falls well within the scope of "educational purpose" under c. 40A, §3. Given Criterion's undeniable status as an "educational corporation" as defined by the Supreme Judicial Court in GAAMHA v. Zoning Board of Appeals of Gardner, supra, Criterion's program will have absolute use protection under the Dover Amendment. When the time comes for Criterion's application for a Building Permit, Criterion management is confident that it will meet all lawful and reasonable dimensional and parking regulations. They look forward to working with Town of Reading officials toward a smooth and timely opening of the program. Threatened efforts to stop Criterion from serving children with disabilities and their families, by way of a historic commission or historic district bylaw, would run afoul of the Americans with Disabilities Act and the Dover Amendment, and would be unlawful, as well as unjust. Please do not hesitate to call if you have any questions about this memorandum or Criterion's planned Early Childhood Intervention program. Very truly yours, Kenneth N - argolin KNM /JF Cc: John V. Fernandes, Esq. 0 AA I W, f� Fr Lv- r RUIC,4 I. U (N'.! its -,. l -i0 I'Lt,:. •:I rnln4r �'i � i�x «i11 .:.:I •bk bL'k 4+Y -3F� Lei ✓'.+Ji•.11r 1 1.1 -�RY AdICHAEL IOSEPH CO`INOLLY Secretary of S1aic ONE ASHBURTON PLACE, BOSTON, MASS. 02108 ARTICLES O.1= ORGANIZATION (Under G. L. Ch. 1801 i 1 ncoq)oroaors NAME RE-SIDENCE Include liven name in h1,11 in case of natural persons;vn case of n c orpomIion, give sinic• of inccrporn( ion. Ro} rt F. Littleton, Jr. 9 1,lalnut St., Milford, Mk 07 757 The hove—named inconporxort,s•) do hcreb associate tth•:r;r•,cltesi with the inicmiOn of forming a corporal.inr under the provisions of Gencral Laws. Chap:cr ISO and hcrcby statc(s;: -- 1. The rntrne by wbiclt the corpormion Mwdl he knovlfl is: ` �• �r r ',a a �7- v_�p�, y.c i. %1 r'a I I I CLnte for D_.\ -o— _..r� .z I � _ _ ��ri�r:s, Tnc. ?. T!:c nr oases lilr which the corpor.dio , is furmcd is as rol:o,as: Th= Center for the L>✓ \relolorrent of 1j'_E1Ln Sev.�.ces, Inc. i.s a d]aritable corporation organize•:) to provide ima—ri sein%ices _`G1- 1 ?15C,ns 'vrilG 1]cC %e been suktj•ectec3 to ph��sica ., envi _cnmantal or social civet rst tnces '.]ici] have adversely affected their ability to lead nollr(Vil lives. Those re6eiving ser-,-i ces sh ---all I-orsn.1S for v'Fim s',TuptoaLS hav riot yet appeared but MI" have e. T�ei.l enl...�'c c.z.�-r rsmstarnces that r -asec" rah, has shown places i^!en "at- risk" for functional de.i ecj.t;s whicin may, apppaa at a later date. The COIT-ara'L-ion shall als.:-, educate such persons aril their fari`11 es to dael wit-1 the problems assaciated wit)] such circa - stances and engagl� in any other actici[;cs necessary for -the cffecti;.e imi4rentaticm of the afvve- listed objectives. 7rI s may :1mclude ti-,e 1„- o,,ision of administrative aid/or managerial ser, -Lces for other coronations or p= =sons comlLitted to similar humi n sca- ice C ❑ Obat'Cti\ ,es. S 1Crt OLnj' Ct1VCS -,-,Till I-e cari-ieL ou4- tJi t1'lOint lBq a?`d tO the race , f ❑ reli ;icn, color, say:, national and/tzlr etz]ic or'czin of any student, sal -ovee, r a contractor or vren'"iur wit] ti:']]nm tine organ,: ztion has env dealin«ts; and to ILA. ❑ encacje e:•,clusively as an orga:li2ation tc. advance such pin:pDses withLn the Th=an' iq of end ir. c•Otiipliance �41th Section. 50,1(c) (3) of the Int-ar -nal ev?rtL° Cede of 19`x' or similar Section as a:rended. 1 Noce; ifthe !;pare provided under nnv 1rii::lc or iiun, on i!,,,: I ,r ni is in::u! ieire ;.:!dcLuon; sh_ II be sal fin?h cm srparnii; F I;'? stlects of pah r'raeinc n Icti head margin of at le;lsl I inch P;r oindimg. ,%ddinonr to more than a:tc :rr lick rn-ty L" on a C. sin_Ic sheet ; lone :..; e::ch :micic rcyu�iring cacti Such adcii:om i:, cic rl'. indi"–;u. d. AA I W, f� Fr Lv- FEDL•RLL IDEN 11FICA'110N ND. — g•�- rccc $ t5.nn f7 c. Crommonweraf l) of 3 %�� t>✓f�t� setts William Fraf cls Galvin Sccrctary of the Commonwealth One Ashburton Place, Boston, Nlns such user ts 02108- .1.512 t ARMLES OF AMENDMENT (General 1,'LR-5, Chapter 180, Section 7) tit 'a,nt rtppfuvt!d Wc . iiobYrt, f'�.._L.1_L.�tall -, • {r• _,..._._. Frrs[dcnt 1'liastiln sidc{att and Melvin Thompson _ Cltrl ; /'dcxixiW)AKft-F4'x Of Center for the Development of Human Services, Inc. _ (Erne'! mra+e' of rurporrttiurr) locatedat U5 FortutLe Rnrrla.v_ard Mi1fearrl ,_jQ333A r•h11aPi -. t.g (Address of culljoraliurl in ;tlassnebrur'tts) do herehY cicrtily that tbex Artidts ul' Amendment arfceting artictrs numbered: 1 _..Name Change only (;Yunlber thence articles 1, 2, 3, and /or •i beiliq alirclid -1) of thr ArOdc5 o;' Orpnization wrrc duiv adupwd at a roccling 110d on Sept • 22 ?0 03 by rote of: _.. wrjx A:Ci(_ F' n u r —( 4 ) _ directurs, or — �t�Ybtl3(Y {A!4r7t•X being at Ienst twu- thirds units mcmbcri /dlnctors legally cluntWed to vorc in mcerings of the curporuiun (ur, in tilt case of ,t curporation leaving capital stock, by thr holders ut at feast two thirds of tltc capital stack having file right tu vote therein): To charge the name of the corporation from: Center for the Dovelopmen'� of Human Services, Inc. to: Criterion Child Enrichment, !no. I' ❑ ,I ❑ R.,t ❑ r' •Uule+r rho inuPPli Hums. :YUro: ff N.d spacar prunided uudrr anp a,orhG or irrrra on this f0m. Is hrsul/tcfunt. rrrhtirinrrs sLafl 1" s <Y jnrYh on one side nnh' R(sefm ruin N ti ' x If Sheets ojpnprr I44111 o h fT urnrwtn q(ar leavr J inch. ddripinas to neon: lhan unu urririn nu(p bu urndn on u single sheet so 101kq as each nrlide reepdring curb attdlrlan M etrarti, indlrnlyd. t t` 186 Summer Street Demolition Permit Supporting Documentation Page 3 The windows are deteriorated with wood rot and damaged components. The entry door and ramp need repair. The basement is not properly vented. The floor boards, joists, sills and beams show sign of wood rot, settlement and structural movement. There are insufficient columns and foundations under those that are existing. There is evidence of rodents. There is no insulation in the walls and ceilings. The basement dirt floor is deteriorated and settled. The basement structural beams are cracked, split and settled. There appears to be a slant in areas of the walls and structure from age, settlement and structural movement, Portion of the framing appear unsafe. There is evidence of water infiltration. There appears to be no lighting in the barn. There is no insulation in the barn. DEMOLITION SUPPORTING DATA Attached is the Home Inspection report prepared by Imperial Inspection Services, Inc. Of Braintree, MA on March 1, 2014. DESCRIPTION OF THE PROPOSED REUSE OF THE PROPERTY Criterion Child Enrichment is specifically purchasing this site to create a Criterion Early Intervention Program Site for the Reading community and the surrounding towns and neighborhoods. Criterion Child Enrichment specializes in developmentally appropriate programs and services for young children and their families. Our mission seeks to support the early development and education of young children and their families. We believe in the strength of the family and its capacity to promote the health and development of children. We offer community-based developmental enrichment groups, child care, early intervention and newborn home visiting programs. We emphasize the professional development of staff and other community early childhood providers. Each year, our agency sponsors the Great Beginnings Conference for advanced early childhood professionals. Founded in 1985, we have grown to be one of the largest providers of child and family development services in the Commonwealth of Massachusetts, Criterion Child Enrichment is a private non - profit corporation, We serve over 5000 families each year with a staff of over 300 professionals at 12 locations throughout Massachusetts. 20 Windom Street Somerville, Massachusetts 02144 -3119 617.666.9222 t 617.666.4557 f www.maxwellarchitects.com 0Y-5-1/ 186 Summer Street Demolition Permit Supporting Documentation Page 4 Site specifically, the Criterion Early Intervention Program facility must be handicap accessible to all users and staff, as well as free from hazardous materials including asbestos and lead paints, commonly found in structures of the age and construction of the existing buildings on this property. The building must be fire protected. Criterion is quite excited about the geographic location of this site, centered nicely in their catchment and market area, The completed facility must meet current Federal, State and Local code requirements for Educational Structures. Ideally, the completed facility will comprise one level, accessible from grade and parking without the use of lifts or elevators. The present two building arrangement, with multiple floors and misaligned floor plates from the house to the barn, do not practically reconfigure into the required spaces and floor areas. A Preliminary Facility Program is attached to describe the desired spaces and sizes of rooms contemplated for a new structure on this site. The significantly compromised foundations and structural frames of the existing house and barn, as well as the antiquated electrical, mechanical, insulation and roofing systems, and the existing configuration of small residential spaces spread over three floors, do not lend themselves to conversion to support the approximately 10,000 SF of usable space required for the Criterion Program. For these reasons we request permission to demolish the existing structures and once granted, we will prepare Conceptual Plans for the Criterion Early Intervention Program facility we intend to construct on the property_ Respectfully submitted, Marc A. Maxwell, AIA Maxwell Architects, LLC Architect for Criterion Child Enrichment 20 Windom Street Somerville, Massachusetts 02144 -3119 617.666.9222 t 617.666.4557 f www. m axwe I I architects, com y6 ANDERSON �KREIGER i.i.r ARTHUR P. KREIGER akreiger@andersonkreiger.com Direct phone: 617- 621 -6540 Direct fax: 617 - 621 -6640 October 14, 2014 By email (ray(a),miyares- harrinLyton.com) J. Raymond Miyares, Esq. Miyares and Harrington, LLP 50 Leonard Street, Suite 3 Belmont, MA 02478 Re: Criterion Child Enrichment, Inc. 1186 Summer Ave., Reading, MA Dear Ray: As we have discussed, I represent a group of Reading residents regarding the proposal by Criterion Child Enrichment, Inc. to establish an early childhood intervention program at 186 Summer Avenue. I understand that the Board of Selectmen will address a warrant article for the Subsequent Town Meeting to create a Local Historic District on Summer Avenue, along with other articles, at their meeting this evening. In Ken Margolin's letter dated August 6, 2014, Criterion argues that the creation of that district would violate the Americans with Disabilities Act (the "ADA ") and Chapter 40A, Section 3, second par. (the "Dover Amendment").' The proposed bylaw amendment would do no such thing. Criterion argues that the creation of this Historic District would violate the ADA because it would have a discriminatory impact on children with disabilities. Margolin letter, p. 5.2 For ' Criterion suggests in passing that Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, would apply to the creation of the district, as well. Margolin letter, p, 4 n. 4. It makes no separate argument about that statute, and the discussion above refutes any reliance on it. 2 Criterion also asserts that discriminatory intent would invalidate the bylaw. Margolin letter, p. 5. It does not actually assert any such intent here other than some residents' statements about prohibiting this project. Id., p. 4. But enacting a Local Historic District in reaction to an incompatible proposal does not show discriminatory intent. "[T]there is nothing inherently unlawful in 'reactive zoning'." National Amusements, Inc. v. City of Boston, 29 Mass. App. Ct. 305, 312 (1990). Development proposals like Criterion's naturally act as "incentives to reexamination of land use objectives" of areas with a high concentration of historic properties, many of which are already listed in the National Register of Historic Places. The creation of a local historic district supported by rational planning objectives constitutes a proper classification that "treat[s] like properties in a uniform manner." Id. In any event, even if some statements by residents showed a proscribed discriminatory intent — which they do not — no such intent could be imputed to the Selectmen or Town Meeting for supporting or passing the warrant article. (A0278062.3 ) 9 J. Raymond Miyares, Esq. October 14, 2014 Page 2 of 3 purposes of this letter, my clients accept that some of Criterion's children would have "disabilities" under the ADA. However, some of them would not. See Margolin letter, p. 2 (the program would serve children who are "at risk for developmental delay," as well as those with documented delays). Moreover, although Criterion argues that the Selectmens' activities constitute "services, programs or activities" covered by the ADA, the only case it cites addressed municipal sidewalk repairs and maintenance, not legislative action. Culvahouse v. City of LaPorte, 679 F. Supp. 2d 931, 946 (N.D. Inc. 2009), cited in Margolin letter, p. 5. Even that case did not hold that sidewalks are "services, programs or activities" under the ADA, but that they must be accessible because they provide the access to services, programs and activities. More fundamentally, it does not remotely suggest that a town's legislative process to establish a facially neutral zoning district, by Town Meeting or by a Board making a recommendation for Town Meeting, constitutes a service, program or activity covered by the ADA. Apart from those threshold issues, Criterion's disparate impact argument has no merit. The very case it cites on this issue, Gamble v. City of Escondido, 104 F.3d 300 (9th Cir. 1997), dismissed claims that denial of a housing permit violated the Fair Housing Act. The prima facie test for a disparate impact requires "a significantly adverse or disproportionate impact on persons of a particular type." A plaintiff "must prove actual discriminatory effect, and cannot rely on inference." And the absence of the proposed type of facility in the community does not prove disparate impact. Id. at 306 -307 (citation omitted). The proposed Summer Avenue Local Historic District would be facially neutral and operate neutrally. It would treat the historic structures at 186 Summer Avenue the same as the 24 other properties in the district. All those properties, not just 186 Summer Avenue, would be subject to the procedures set forth in the Town's ordinances in order to "maintain the historic character of residences or commercial enterprises which distinguish the town as a desirable community." General Bylaw, Article 7.3.1. Criterion has presented no statistics or other evidence that the district would have a significantly adverse or disproportionate impact on children with disabilities. It argues that the community needs this type of facility, Margolin letter, p. 5, precisely what the Gamble court held is insufficient to show discriminatory impact. It also asserts without any factual support that it conducted an extensive search for properties. Not only is that insufficient under Gamble, it is irrelevant where the proposed Summer Avenue Local Historic District would be a limited area. Cf. Habit Mgmt., Inc. v. City of Lynn, 235 F. Supp. 2d 28, 29 (D. Mass. 2002) (an ordinance violated the anti - discrimination provision of the ADA because it effectively prohibited methadone clinics anywhere in the city but permitted other medical clinics to operate on the proposed site). Criterion also argues that the creation of this historic district would violate the Dover Amendment. Even if the proposed use were educational under that statute, that argument fails, as well.3 3 I will address Criterion's argument that this facility would constitute an educational use under the Dover Amendment in a subsequent letter. That argument is more relevant to the permitting stage than the Selectmens' meeting about the warrant article. (A0278062.3 } (F J. Raymond Miyares, Esq. October 14, 2014 Page 3 of 3 The Dover Amendment is a limitation on municipal zoning authority under the Zoning Act, Chapter 40A. It does not exempt uses from other statutory or regulatory schemes, as Criterion grudgingly acknowledges. Criterion attempts to deflect that point by arguing that a municipality may not regulate a Dover- protected facility based on general criteria not listed in the statute, Margolin letter, p. 5, citing Teddy Bear Club, Inc. v. City of Newton, 2004 WL 2212768 (Land Court), but the regulation in that case was zoning regulation. That holding does not detract from the basic point that the Dover Amendment limits only zoning regulation. Finally, Criterion cites Newbury Junior College v. Town of Brookline, 19 Mass. App. Ct. 197 (1985), for the proposition that a town may not prohibit under a non - zoning statutory scheme what it could not prohibit under the Dover Amendment. Margolin letter, p. 5 -6. That case cannot be read so broadly. In Newbury, the Board of Selectmen denied a lodging house license for dormitories under Chapter 140, Section 23 on the amorphous ground that they would have a negative impact on the neighborhood, even though the buildings had been used for dormitories for years. The court held that a town may not "forbid[] the use of land for educational purposes on general grounds of adverse impact on the neighborhood or similar land use considerations." 19 Mass. App. Ct. at 206 -207, quoted in Margolin letter, p. 5. That simply means that a town may not use zoning criteria to prohibit, under another statutory scheme, a project protected under zoning. That reading is confirmed by the court's very next sentence, which Criterion does not cite: "A dormitory license may be denied because the facilities are physically inadequate, because the applicant institution has a bad record in running dormitories, or because the supervisors are unqualified, or of bad character." Id. at 307. In other words, prohibiting an educational facility under another statutory scheme is entirely permissible where the criteria are tied to that statute, not just re- packaged zoning concerns. Thus, Criterion's arguments that the creation of the Summer Avenue Local Historic District would be discriminatory under federal or state law has no basis whatsoever. The Selectmen should not be swayed by those arguments in determining whether to support the warrant article. Thank you for your consideration of this letter. Sincerely, Arthur P. eiger c: Kenneth N. Margolin, Esq. (by email) Clients (by email) (A0278062.3 i HUNTING AREAS ON PRIVATE LAND Private parcels with areas more than 500' from a dwelling and more than 150' from a road. Only parcels with an acre (43,560 sf) or more of hunting area are included. 32 parcels are listed. Parcels highlighted in green (16) have hunting potential. Parcels not highlighted (16) are developed, do not currently allow hunting (Reading Open Land Trust), or are unlikely to allow hunting (utility land, schools). b Comment ownerl Total Area Hunting Area Golf course Parcel ID Land Use (sf) (sf) Address 2460440000000240 61BGOLF 3,755,959 1,725,714 0 GROVE ST 2460370000000040 61BGOLF 2,623,203 973,388 288 GROVE ST 2460260000000740 EDUPRVTSCDY 1,028,483 268,371101 WILLOW ST 2460180000000030 HARDWRE 1,027,384 711,444 60 WALKERS BROOK DR 2460170000000120 SHOPCTR 887,258 354,429 1 GENERAL WAY 2460120000000900 FACTORY 819,184 467,140 80 NEW CROSSING RD 2460190000000500 CHRTYVACNT 767,153 210,438 0 WEST ST 2460470000000130 ONE FAM 683,456 148,614 453 HAVERHILL ST 2460350000001330 UNDEV 641,621 430,095 0 E OF HAVERHILL S 2460410000000550 UNDEV 574,384 488,535 0 E OF HAVERHILL5 2460320000001640 ONE FAM 567,286 296,979 200 GROVE ST 2460340000000010 UNDEV 558,576 350,812 0 TIMBER NECK 2460600000000100 CHRTY VACNT 524,676 340,209 0 MAIN ST 2460420000000040 FISHGME 477,290 420,240 0 CEDAR SWAMP 2460430000000050 ONE FAM 473,896 56,635 23 FAMILY CIR 2460370000000020 UNDEV 416,582 167,316 0 OFF GROVE ST 2460410000000590 UNDEV 398,425 398,425 0 CEDAR SWAMP 2460170000000150 OFFICE 389,922 299,244 55 WALKERS BROOK DR 2460410000000580 FISHGME 387,398 245,545 0 E/S HAVERHILL ST 2460600000000110 ONE FAM 384,772 48,452 1503 MAIN ST 2460180000000080 CHRTY VACNT 382,195 57,678 0 OFF LINE RD 2460170000001320 SHOPCTR 372,278 47,170 20 WALKERS BROOK DR 2460600000000130 CHRTY VACNT 349,964 334,384 0 MAIN ST 2460420000000010 UNDEV 307,357 296,079 0 CEDAR SWAMP 2460520000000480 CHRTY VACNT 298,752 56,805 0 HAVERHILLST 2460600000000080 CHRTY VACNT 274,685 274,685 0 OFF MAIN ST 2460600000000090 CHRTY VACNT 221,672 221,672 0 BEAR MEADOW 2460170000000140 SUPRMKT 218,952 58,953 25 WALKERS BROOK DR 2460120000001300 GAS SUB 180,590 165,941 0 JOHN ST 2460540000000010 UNDEV 142,832 142,832 0 CEDAR SWAMP 2460370000000060 ONE FAM 136,727 47,870 256 GROVE ST 2460180000000050 AUTO SS 80,826 56,424 88 WALKERS BROOK DR 2460350000001340 UNDEV 75,829 71,444 0 EAST OF HAVERHIL b Comment ownerl owner2 Golf course MEADOW BROOK GOLF CLUB Golf course MEADOW BROOK GOLF CLUB Austin Prep AUSTIN PREP SCHOOL Walkers Brook Crossing HD DEVELOPMENT OF MARYLAND INC HOME DEPOT USA INC 1 General Way DANIS GEORGE E, TR DANIS READING REALTY TRUST End of Newcrossing Rd NEW CROSSING LIMITED PARTNERSH C/O FRAEN REAL ESTATE DIVISION Boyd Lot, ROLT READING OPEN LAND TRUST Kurt Nitzsche land NITZSCHE CURT E SALLY C NITZSCHE Zanni off Symonds Way ZANNI MARY E Rifle Club READING RIFLE & REVOLVER CL C/O ROBERT H. STONE off Grove St towards Revay well BALLANTYNE KEITH CIANCIOLO JUDY in Timberneck Swamp PICA JOHN A TRUSTEE TIMBER NECK REALTY TRUST Fairbanks Marsh, ROLT READING OPEN LAND TRUST Rifle Club READING RIFLE & REVOLVER CL Behind Family Circle ZANNI NANCY B behind Grove St towards Revay well LEWIS WILLIAM M ROSEMARY D LEWIS Zanni north of Symonds Way field ZANNI MARY E TASC property 55 WB ACQUISITIONS LLC Rifle Club READING RIFLE & REVOLVER CL C/O ROBERT H. STONE 1503 Main St, Gresock land GRESEK HARRY P JR TRUSTEE COLLINS REALTY TRUST O, Swamp Island (off Track Rd) - ROLT READING OPEN LAND TRUST Walkers Brook Crossing TWO WALKERS BROOK CROSSING LLC C/O THE WILDER COMPANIES Fairbanks Marsh, ROLT READING OPEN LAND TRUST Rifle Club READING RIFLE & REVOLVER CL Goodale Marsh - ROLT READING OPEN LAND TRUST Fairbanks Marsh, ROLT READING OPEN LAND TRUST Fairbanks Marsh, ROLT READING OPEN LAND TRUST Stop & Shop 25 WBD LLC AHOLD FINANCIAL SERVICES Boston Gas off Walkers Brook Dr BOSTON GAS COMPANY DBA NATIONAL GRID New England Power - gas line NEW ENGLAND POWER CO PROPERTY TAX DEPT behind Grove St betw Revay well & golf club POWERS JOHN R DEBRA L POWERS Honda Gallery GALLERY AUTOMOTIVE GROUP LLC A DELAWARE LTD LIABILITY CO Rifle Club READING RIFLE & REVOLVER CL C/O ROBERT H. STONE FY 2014 TOWN MANAGER EVALUATION 10/14/20141 FY 2014 TOWN MANAGER EVALUATION - Robert LeLacheur RATINGS: 1-NOT APPLICABLE; 2 -DID NOT MEET GOAL; 3 -MET GOA • 4- EXCEEDED GOAL CTIVES DURING EVALUATION PERIOD COMPOSITE EVALUATOR: Dan Ensmin er EVALUATOR: John Arena MAJOR AREA GOAL /OBJECTIVE RATING RATING COMMENTS RATING COMMENTS Reorganization of Town government was well 1. Design optimal Town department / division structure, regardless of current set -up or specific personnel, thought out. Bob has developed a robust Including the role of the Assistant Town Manager. Describe detailed transition plan from current status to such command structure that provides for emergency Strong changes made in classification and Administration an optimal model, including specific personnel. Plan divided into two portions: 1) reorganization of Town 4 3 coverage and succession planning in all Town 4 roles; willingness to make adjustments in government approved b November 2013 Town Meeting; nd 2 non -union a & classification study results g pp y g, ) pay � Departments. Deferral of non -union pay & p anticpation of need for delegation and expected in time for November 2014 implementation. classification study results to 2015 caused this succession. rating to be a 3 not a 4. Rated N/A as the board has not been 2. Establish optimal professional development (PD) and training levels across all departments. Devise multi- Incomplete in 2014. We have not yet established presented with evidence of PD levels Administration year process to transition from current status to desired outcome. Focus on tracking compliance with PD job 1 1 optimal professional development (PD) and 1 goals/ achieved YTD; There has been requirements as well as optional PD for advancement. training levels across all departments. planning for training spend in budgets particularly where benefits are efficiency focused (tier o_ f evidence) 3. Create lists of routine tasks all Town departments /divisions do each year. Design specific quantitative u _ Administration measures to evaluate these tasks on either a quarterly or monthly basis. Devise implementation plan for these 3 3 3 measurements. Bob and the Board need to work together to keep Administration 4. Conduct a Retreat with the Selectmen (BOS) and Town Department Heads. 3 3 Reading 2020 on track to achieve Its aggressive 3 Suggest we plan multiple events within 2015 goals. the year going forward 5. Discuss with BOS the need for broad BCC meetings to convey information and expectations. For Bob and our Town Accountant deserve credit for Administration information, include Open Meeting Law and Ethics trainings, and a discussion of electronic meeting support. 3 4 their dogged pursuit and follow -up in the case of 3 For expectations, discuss two- way BOS -BCC communication options. As needed, give further direction to specific BCCs on their mission or operating procedure. the RMLD surplus truck disposal issue. 6. Conduct at least two Executive Sessions for the BOS for the purpose updates on the status of negotiations o Bob's abandonment of the traditional positional Administration successor Collective Bargaining Agreements with all Unions for dates effective July 1, 2014. 4 4 bargaining stance in favor straight talk, has 3 m earned him the respect of most unions. Significant work was expended by volunteers and Regulation & Policy 7. Conduct a comprehensive review and revision of the Zoning Bylaws. Establish early and ongoing two-way 3.5 3 staff in this effort to rewrite Reading's zoning Excellent progress toward goal of Town Development communication with key participants Including the BOS, CPDC, ZBA and EDC. bylaws. Certain aspects of the zoning revision 4 Meeting presentation plan have slipped into 2015. Regulation & Policy B Complete the review and re -write of the Traffic Rules and Regulations. 3 3 3 Development Delays in clearing the title of this property were Topic reads 'zoning changes' but I Regulation & Policy 9. Determine If Zoning changes are needed for the optimal use of the Oakland Road property. unfortunate. Timing of sale has slipped due to interpret more broadly to include Development 1 1 discussions with the School Committee about 1 implementation of Prior changes i.e. alternative uses of the land. No progess made on elimination of paper streets potential rezoning of the parcel. 10. Continue to measure customer satisfaction. Design method to reach out and survey customers on services See -Click -Fix seems to be an early success. The that are used broadly, such as rubbish pickup and snow clearing & removal. Based on all forms of feedback, current rubbish contractor seems to be This goal might be rewritten to Services identify and recommend changes to regulations that do not currently seem to meet customer service goals, or 3 3 performing well. There are few complaints and 3 comprehend both survey AND customer that will make them easier for customers to understand and use. Based on feedback, continue training creative rubbish pickup service options are being friendly ways to implement a service, employees and volunteers on the customer service policy as needed. explored. click -fix) (e.g. see-click-fix) 11. In the Library, support the Goals as established by the Library Board of Trustees, with a focus on all Items Bob has worked effectively with the Library Board Demonstrated leadership with project Services related to the Library Building project. 3 4 of Trustees to clarify his roles and responsibilities 3 Presevation of a excellent program regarding the Library Building project. manager; 0/9/201412:16 PM Izr=� FY 2011 TOWN MAKER EVALVATM 10/14/20141 FY 2014 TOWN MANAGER EVALUATION - Robert LeLecheur RATINGS :1 -NOT APPUCABLE; 2-DiD NOT MEET GOA 3-MET GOAL; 4- EXCEEDED GOAL JIVES DURING EVALUATION PERIOD COMPOSITE EVALUATOR: Marcie West EVALUATOR: John Halsey MAJOR AREA GOAL / OBJECTIVE RATING RATING COMMENTS RATING COMMENTS 1. Design optimal Town department / division structure, regardless of current set -up or specific personnel, i felt this organizational prowess was a including the role of the Assistant Town Manager. Describe detailed transition plan from current status to such Good progress has been made to restructure Administration an optimal model, including specific personnel. Plan divided into two portions: 1) reorganization of Town 4 4 town administration in support to future needs 4 real strength,l realize this work government approved by November 2013 Town Meeting; and 2) non -union pay & classification study results and to educate Town Meeting on the changes. continues and there is more to expected in time for November 2014 Implementation, accomplish, but excellent to date 2. Establish optimal professional development (PD) and training levels across all departments. Devise multi - Administration year process to transition from current status to desired outcome. Focus on tracking compliance with PD job 1 3 1 requirements as well as optional PD for advancement. 3. Create lists of routine tasks all Town departments /divisions do each year. Design specific quantitative List of routine tasks developed - design of Administration measures to evaluate these tasks on either a quarterly or monthly basis. Devise implementation plan for these 3 3 3 measures is pending. measurements.^ Retreat was time well -spent on the long term _ M Administration 4. Conduct a Retreat with the Selectmen (BOS) and Town Department Heads. 3 4 strategic focus for the town. Good 3 Good start, should happen every six Interchange of ideas and piannning for future months working sessions to continue momentum. Increased cross -board meetings have allowed 5. Discuss with BOS the need for broad BCC meetings to convey information and expectations. For all to bear the same Information concurrently. Administration information, include Open Meeting Law and Ethics trainings, and a discussion of electronic meeting support. 3 3 Focus needs to be placed on reviewing or 3 we need to do more with this For expectations, discuss two- way BOS-BCC communication options. As needed, give further direction to establishing BCC missions and clearly specific SCCs on their mission or operating procedure, identifying how these BCCs support overall town goals. Administration 6. Conduct at least two Executive Sessions for the SOS for the purpose updates on the status of negotiations of 4 4 Excellent progress on contract negotiations 4 Throuogh and complete...very helpful successor Collective Bargaining Agreements with all Unions for dates effective July 1, 2014, with unions. Regulation &Polity way 7. Conduct a comprehensive review and revision of the Zoning Bylaws. Establish early and ongoing two-way time was spent revising the Zoning work in progress, we need to take this Development communication with key participants including the SOS, CPDC, ZBA and EDG 3.5 4 Bylaws with many public meetings and hours 3 across the finish line of work. Regulation & Policy S Complete the review and re -write of the Traffic Rules and Regulations. 3 3 1 not seen during my tenure Development Regulation & Policy 9. Determine if Zoning changes are needed for the optimal use of the Oakland Road property. 1 1 On hold - need to ensure property title issues 1 need to clarity regarding title to Development are fully resolved as soon as possible. complete 10. Continue to measure customer satisfaction. Design method to reach out and survey customers on services Great to have the See -Click -Fix application that are used broadly, such as rubbish pickup and snow clearing & removal. Based on all forms of feedback, available in town. Customer service Services identify and recommend changes to regulations that do not currently seem to meet customer service goals, or 3 3 measurement needs to continue to Improve 3 that will make them easier for customers to understand and use. Based on feedback, continue training with new ways to measure satisfaction. employees and volunteers on the customer service policy as needed. 11. in the Library, support the Goals as established by the library Board of Trustees, with a focus on all Items 3 3 3 Services related to the Library Building project. I % lOJ9/201112:28 ` P.J. 2 es Fr 2614 TOMi MMAGIR (VAtUATM 10114/20141 FY 2014 TOWN MANAGER EVALUATION - Robert Letacheur RATINGS: 1-NOT APPLICABLE; 2-DID NOT MEET GOAL; 3 -MET GOAL; 4- tXCEEDED GOAL CTiVES DURING EVALUATION PERIOD COMPOSITE EVALUATOR: Dan Ensmin er EVALUATOR: John Arena MAJOR AREA GOAL /OBJECTIVE RATING RATING COMMENTS RATING COMMENTS 12. Strengthen the communications process with external customers. First Inventory all forms of current Mostly going well here. DPW Internal governance Did not meet mostly as time ran out given Services desiredinformation & method of external communication; then obtain feedback from the Community as to desired 2.5 3 are being addressed. Town website needs 2 other priorities- Remains as a goal for delivery. improve the Town web site, providing expanded electronic customer interaction with the Town. to be improved to foster better communication coming year with the public. Operations 13. Fully Implement permits and licensing system, including customer self - service. 3 3 Follow -up will be needed by Reading 2021 3 On track. Operations 14. Expand the Records Management efforts including providing records to the public As the web site. 3 w Current progress Is good, but let's not do�� Operations 15. Expand regional services as appropriate (Assessors, Housing Services Coordinator, Recreation), 3 regionalization for regionalization's sake. Reading should benefit in some way from each regonalized function. 16. Finalize veteran's District through regional arrangement or other method satisfactory to the state that 3� Operations maintains current high levels of services to our Veterans. 17. Focus Public Health, School, Substance Abase, and other resou rces on a Healthy Community model with The Board and School Committee have jointly an Initial focus on obesity prevention. Find ways to encourage walking, cycling, and other activities. These collaborated with RCASA on substance abuse efforts may Involve many departments, with efforts led by the Health Division. Promote healthy eating. Include prevention Initiatives. The Board has adopted the Suggest this goal be biased toward safety Health and Safety reminders of area Farmers Markets in addition to Reading. Work with food establishments on menu options 3 3 Complete Streets policy at Bob's 3 Health being more e #n the domain the that are healthy. recommendation, which will encourage walking, indivival cycling, and other healthy activities. 18. Conduct specific feedback exercises with our business community, include an'entrance interview' for Bob had discussed economic development with "DNMG" permitting process; a form those businesses new to town that have gone through a mitts go fry interview' for local merchants and the Chamber of Commerce mostly over'entrance / exit Bit Community t been d businesses leaving town; and solicit feedback from these that have been established for years if they wish to to see what is working and what Is not, EDSAT reviews' not yet operationalized. I Development share their valuable Insights, Use BCC resources such as the EDC and FSF to hold a broad'business preparation 3 3 was a great stop in understanding what we are 2 ni recognize there's more work to do in the ' meeting this summer for those in and around the fall Street Falre area, especially the new businesses in doing right and wrong, and which efforts matter area area business development council town. Engage the RNR Chamber of Commerce on areas of mutual concern. the most in attracting economic development to Reading. 14. Continue progress towards meeting and maintaining the level of 10% of housing units (as redefined by the Thanks to Bob and Community Development Community 2010 federal census) as affordable. Complete Housing Production Plan provides roadmap to meet affordable 35 4 staff, Reading has been able to work proactively 3 Development housing goals. Track & Implement as outlines. Pursue one -year reprieve if possible. with the state to shape where 408 developments are sited. Need to look at modern ways to Implement paid Community 20. implement high - priority parking and alternative transportation recommendations for Parking, Traffic, and 3 3 parking in the Main -Haven St. area (e.g, using 3 Development Transportation improvements. kiosks to distribute prepaid parking passes). Can t provide first four free, etc. Bob broke the logjam with the Mr. Tux property. ` C� ommunity 21. Develop Inventory of properties falling under the new Property Maintenance Bylaw, and begin actions to 3 3 Can we find ways to extend this Property 3 Development bring them into compliance. Maintenance ByLaw to cover blighted residential properties? Not sure 1 understand this - isn't there a Community 22. Implement new gateway signage -South Main Street (paid for by Reading Woods mitigation), 3 3 project completed. 1 sign there presently? - rated N/A until Development resolved _ Community 23. Develop an action plan for re-use and /or redevelopment of the properties behind the RMLD in the area 3 3 Need to jump start this activity by regionalizing the DPW function (See #25c). EDSAT findings 3 Good progress towards the larger thought Development bounded by Ash Street, the RR tracks, and Pond Meadow Drive. should uide us here. and mosaic of moving pieces 10/9(2614120�q� s (V \ W PK"3afa " MA TOWN MANGER EVALUATION 10/14/20141 FY 2014 TOWN MANAGER EVALUATION - Robert LeLacheur RATINGS: 1 -NOT APPLICABLE; 2 -DID NOT MEET GOAL; 3 -MET GOAL; 4- EXCEEDED GOAL .TIVES DURING EVALUATION PERIOD COMPOSITE EVALUATOR: Marsie West EVALUATOR: John Halsey MAJOR AREA GOAL / OBJECTIVE RATING RATING 7 COMMENTS RATING COMMENTS On hold but this has been identifed as an Important area of focus. R will be critical to 12. Strengthen the communications process with external customers. First inventory all forms of current come up with strong communications with Services external communication; then obtain feedback from the Community as to desired information & method of 2.5 2 residents on town progress and a marketing 3 more work to do here by all of us delivery. improve the Town web site, providing expanded electronic customer interaction with the Town. plan for the town as identified In the EDSAT. The webstte must be improved as the primary source of Information for residents. -- Public portion on hold - this functionality will be Important in measuring current permitting Operations 13. Fully implement permits and licensing system, including customer self - service. 3 2 process. Would like to see reporting from 3 system on the internal permitting at future BOS meeting. _ R will be Important to market this functionality to the public; If it is available but they don't Operations 14. Expand the Records Management efforts including providing records to the public via the web site. 3 know It, it is a lost opportunity to provide 3 simpler is better work in progress service and potentially reduce reliance on town staff. Regional services should continue to be Operations 15. Expand regional services as appropriate (Assessors, Housing Services Coordinator, Recreation), 3 investigated when they make sense for the 4 town' ^` _ 16. Finalize Veteran's District through regional arrangement or other method satisfactory to the state that 3 3 Operations maintains current high levels of services to our veterans. 12. Focus Public Health, School, Substance Abuse, and other resou rces on a Healthy Community model with an initial focus on obesity prevention. Find ways to encourage walking, cycling, and other activities. These efforts may involve many departments, with efforts led by the Health Division. Promote healthy eating. include Health and Safety reminders of area Farmers Markets In addition to Reading. Work with food establishments on menu options 3 3 3 that are healthy. 18. Conduct specific feedback exercises with our business community. Include an'entrance Interview' for those businesses new to town that have gone through a permitting process; a farm of'exit interview' for Issues noted with nighttime government ren excellent first steps, but expanded Community businesses leaving town; and soikit feedback from those that have been established for years if they wish to 3 3 should be considered with the redefinition of 3 clarity to mission and better Development share their valuable insights. Use BCC resources such as the EDC and FSF to hold a broad 'business preparation BCC missions. development of EDC and Chamber ' meeting this summer for those in and around the Fall Street Faire area, especially the new businesses in involvement would be helpful town. Engage the RNR Chamber of Commerce on areas of mutual concern. Community 19. Continue progress towards meeting and maintaining the level of 10% of housing units (as re- defined by the Continue proactive work to help Reading Development 2010 federal census) as affordable. Complete Housing Production Plan provides roadmap to meet affordable 3.5 4 efine its own solutions. 3 housing g goals. Track & Implement as outlines. Pursue one-year reprieve N possible. Community 20. implement high - priority parking and alternative transportation recommendations for Parking, Traffic, and 3 3 3 Development Transportation improvements. Community 22. Develop inventory of properties failing under the new Property Maintenance Bylaw, and begin actions to 3 3 3 Development bring them into compliance. Community 22. Implement new gateway signage -South Main Street (paid for by Reading Woods mitigation). 3 3 2 Fallow up here would be very Informational Development Community 23. Develop an action plan for re -use and/or redevelopment of the properties behind the RMLD in the area 3 3 Continue to focus on plan for this area as one of the few remaining locations for commercial 3 Continued R &D will lead to a desired Development bounded by Ash Street, the RR tracks, and Fond Meadow Drive. development in town. outcome }pjg(pM431:18 !h. Pm 4 0 S FY 2014 TOWN MANAGER EVALUATION 10/14/20141 FY 2014 TOWN MANAGER EVALUATION - Robert LeLacheur RATINGS: 1 -NOT APPLICABLE; 2 -DID NOT MEET GOAL; 3 -MET GOAL; 4- EXCEEDED GOAL CTIVES DURING EVALUATION PERIOD COMPOSITEI EVALUATOR: Dan Ensmin er EVALUATOR: John Arena MAJOR AREA I GOAL OBJECTIVE RATING RATING COMMENTS RATING COMMENTS Expectations have been well managed on the Infrastructure and 24. Continue to work towards funding for the West Street project. If funded, conduct a public information West Street project, despite shifting timelines Probably cannot say enough about over - Capital Projects campaign akin to that of the Downtown Improvements project. 3 3 from the MWRA. Great progress with our 3 communication enough here - townwide street reconstruction program, now in Its second year. Infrastructure and 25(a) Implement Library building project. 3.5 4 See kit. 3 Capital Projects Bob raised important questions about new Infrastructure and 25(b). Determine Impact of Library and other building projects on support levels from Town Facilities sidewalk plowing requirements and costs, if on- Capital Projects department. 3 3 site parking for the library is restricted. It may 3 make sense to shift the Town Facilities Dept. back _ -� to the Town side. Infrastructure and 25(c). Public Works building(s): Reconsider Cemetery garage plan, DPW site work Including improved vehicle May need a phased plan here: Immediate needs Capital Projects maintenance layout, operational Improvements, and aesthetics enhancements. 3 3 that MUST be met on current site vs. future 3 regionalized DPW location. Infrastructure and 26. Begin implementation of the first phase of the Water Distribution Master Plan. 3 3 3 Capital Projects Infrastructure and 27' Develop and evaluate schematic designs for the Birch Meadow pavilion, Including a mix of storage, food Suggest this be thought of in the larger Capital Projects service, restrooms, and picnicking. Include a management plan for each of the elements. Develop a cost 1 1 Deferred to the future. 3 context of recreational demand / support estimate. for the Town 28. Seek FINCOM approval of a staff developed OPEB funding mechanism including ongoing funding of this Finance liability at a level that the community can afford. Transition OPEB investment funds to PRIT or other qualified 3 3 Bob has successfully managed Reading's OPEB 3 Institution. costs in the past. We will expect this to continue. 29. Review current bill printing and mailing policy. Determine if any savings on postage. Investigate electronic Finance options and present options to the BOS whereby customers would be required to pay'convenlence fees'to 1 1 Incomplete In 2014. 3 vendors. _ Let's look Into raising the depot parking fees for Finance 30. Review Town -wide fee structure, across several departments. This would range from permits and licenses 3 3 resident commuters, which seem to be well to late fee policy, where the latter is not already set by law. below commuter parking fees charged in other 3 towns / cities. Finance 31. Develop a Fund Balance policy in accordance with GASB.54. 1 1 Incomplete in 2014. 3 Bob has met or exceeded expectations as our new Town Manager during FY2014. He brought to his job a blended background in private - sector financial experience, prior volunteer service on Reading's FinCom, and experience as Assistant Town Manager, all of which have served him well. He has demonstrated superb communication skills with his Board and fellow town employees, as demonstrated in the past year's union negotiations and his dealings with the Library Board of Trustees regarding the new building project. Bob has challenged his staff to think big and envision their departments as they should be SUMMARY 3 3 in the future. He has taken the first Important 3 steps in putting Reading on the map for substantial economic investment and re- development. I look forward to working with Bob and the Board to continue the progress toward these goals that we have laid out in Reading 2020. iv 10/9/201412:16 PM FY 204 TOWN MANAGER EVALUATION 10/14/20141 FY 2014 TOWN MANAGER EVALUATION - Robert LeLacheur RATINGS: 1-NOT APPLICABLE; 2 -DID NOT MEET GOAL; 3-MET GOAL 4- EXCEEDED GOAL CTIVES DURING EVALUATION PERIOD COMPOSITE EVALUATOR: Marsie West EVALUATOR: John Halsey MAJOR AREA GOAL /OBJECTIVE RATING RATING COMMENTS RATING COMMENTS Infrastructure and 24. Continue to work towards funding for the West Street project. If funded, conduct a public information 3 3 Capital Projects campaign akin to that of the Downtown Improvements project. 3 infrastructure and Strong town oversight will be needed to CapttaYPmjEC 25ja Im lement Library buildiMroJect. 3.5 3 ensure the project remains on track and in 4 excellent leadership during chaos budget It is concerning that the Capital Plan has not Infrastructure and 25(b). Determine impact of Library and other building projects on support levels from Town Facilities covered town facilities in recent Town Capital Projects department. 3 3 Meetings. It is important that town facilities 3 are fully maintained to avoid larger than expected future costs. Infrastructure and 25(c). Public Works building(s): Reconsider Cemetery garage plan, DPW site work Including Improved vehicle Capital Projects maintenance layout, operational improvements, and aesthetics enhancements. 3 3 3 Infrastructure and 26. Begin Implementation of the first phase of the Water Distribution Master Plan. 3 3 3 ^ w� Capital Projects Infrastructure and 27. Develop and evaluate schematic designs for the Birch Meadow pavilion, including a mix of storage, food Positive change to have Rec Comm lead the must urge Rec Comm to execute this Capital Projects service, restrooms, and picnicking. Include a management plan for each of the elements. Develop a cost 1 1 planning for this area. 2 plan estimate. 28. Seek FINCOM approval of a staff developed OPEB funding mechanism including ongoing funding of this Continue to fund OPES but balance this need Finance liability at a level that the community can afford. Transition OPEB Investment funds to PRIT or other qualified 3 3 against the ongoing operating needs of the 3 Institution. community. 29. Review current bill printing and mailing policy. Determine If any savings on postage. Investigate electronic ^� _ Finance options and present options to the BOS whereby customers would be required to pay'convenience fees'to 1 2 Continue to review options for reducing paper 3 vendors. bills and payments. Finance 30. Review Town -wide fee structure, across several departments. This would range from permits and licenses 3 1 p cy, where the latter Is not already set bylaw. to late fee policy, 3 Finance 31. Develop a Fund Balance policy in accordance with GASB.54. 1 1 3 Overall, I think Bob has exceeded expectations I feel somewhat incomplete regarding for his first full year on the job. While the this evaluation as attached since I have majority of the individual goal ratings are a 3, only worked with the Town Manager the sum of his performance has been since my election in April of 2014. exceptional, particularly given the large Therefore my evaluation likely does number of goals on his plate. He quickly acted not do justice to his overall to assess the town organization and performance due to my personal lack Implement changes to position us well for the of data prior to that date. future. The transition has turned up more I believe Bob is absolutely a perfect fit Items that needed to be addressed quickly for the town of Reading and does an than was initially anticipated. Bob has done an outstanding job on our behalf. excellent job keeping the BOS Informed of His vision and strategy as I have grown pending situations and recommending sound to understand both with set Reading in SUMMARY 3 4 solutions to address Issues and challenges. In 3 an excellent trajectory for the next the next year, there needs to be a strong focus decade and beyond. on communication with the public, particularly I am personally anxious to support him outlining areas the town has achieved success. in those regards and work with him to Personnel challenges may need to be refine and develop his already strong addressed more directly or in a shorter period gameplan. of time. Bob's work to coordinate Reading F-D 10/9/201412:16PM v l FY 2014 TOWN MM AGER EYALUATON 10114 2014 FY 2014 TOWN MANAGER EVALUATION - Robert LeLacheur RATINGS: I-NOT APPLICABLE; 2-DID NOT MEET GOAL; 3 -MET GOAL; 4- EXCEEDED GOAL CTIVES DURING EVALUATION PERIOD compostmI EVALUATOR: Dan Ensmin er EVALUATOR: John Arena MAJOR AREA I GOAL / OBJECTIVE RATING I RATING COMMENTS RATING COMMENTS 'V �tt ION20142:16 PM PW 7 of6 Pf 2014 TOWN MANAGER EVALUATM 10/14/2014 FY 2014 TOWN MANAGER EVALUATION - Robert letacheur RATINGS: 1 -NOT APPLICABLE; 2-DID NOT MEET GOAL; 3 -MET GOAL; 4- EXCEEDED GOAL CTIVES DURING EVALUATION PERIOD COMPOSITE EVALUATOR: Marsle West EVALUATOR: John Halse MAJOR AREA GOAL OBJECTIVE RATING RATING COMMENTS RATING COMMENTS 2020 with its focus on the strategic direction for the town is Important and wail help to drive us in the right direction. 10/6/M1412:16PM P ." 606 Town of Reading Meeting Minutes Board - Committee - Commission - Council: Finance Committee Date: 2014 -09 -10 Building: School - Coolidge Address: 89 Birch Meadow Drive Purpose: Financial Forum Attendees: Members - Present: Time: 7:30 PM Location: Meeting Room Vice Chairman Marsie West, Secretary Daniel Ensminger, John Halsey and Kevin Sexton Members - Not Present: Chairman John Arena Others Present: State Representitives Brad Jones and Jim Dwyer, Senator Jason Lewis, Town Manager Bob LeLacheur, Assistant Town Manager Jean Delios, Police Chief Jim Cormier, Town Accountant Sharon Angstrom, School Committee Members Linda Snow Dockser, Gary Nihan, Elaine Webb, Chuck Robinson, Chris Caruso, Jeanne Borawski,FinCom members Mark Dockser, Paula Perry, Marc Moll, Anne Landry, Karen Herrick, Peter Lydecker, Craig Merry, and Paul McNeice. Minutes Respectfully Submitted By: Secretary Daniel Ensminger Topics of Discussion: Chairman Mark Dockser called the meeting to order and started the discussion off with a recap of the last financial forum. Mr. Dockser explained at the last forum the group voted on services divided up into categories of: what we do well, focus areas, services not being provided but should be, and services getting too much funding. Mr. LeLacheur quickly explained the four working groups the Board of Selectmen and Department Heads created to reach towards Reading 2020. He also explained the Economic Self- Assessment Tool that was used to assess Reading recently. Mr. LeLacheur then gave a very brief overview of the budget. State Senator Lewis started us off with a brief background on himself stating he got his start on the Financial Committee over in Winchester and that he believes his role is being our partner in helping better the people of Reading's lives. Senator Lewis then went and stated some of the success we have had in Reading recently including the Franklin and Main project, the energy efficiency grant, the cultural council was awarded money, and the Civil War preservation grant. He then went on to speak about Health Insurance costs and how that is a concern for us at the moment because we are going out to bid soon. He stated the state has the same budget problems as the local level does with health care. Senator Lewis then wanted to talk about some potential opportunities Reading could take advantage of. He mentioned the complete streets or active streets program. He said there is a transportation bond bill that gives extra Chapter 90 money for communities who take G� Page I 1 Board of Selectmen Minutes - September 10, 2014 - page 2 steps to be "active streets ". Senator Lewis talked about the Green Communities program that could make us qualify for grants and would help lower our operating costs. He also talked about the Mass in Motion program which supports initiatives like healthy and active living. He said Wakefield and Melrose are both apart of the program and since we share a Health Director with them, it might be something Reading should take a look at. Senator Dwyer introduced himself and gave a brief overview of what he hopes to accomplish. He mentioned his main priority being public safety. He said he also believes in getting every bang for our dollar and will try to push through any bills that would help get more money back to the town. Representative Brad Jones then spoke to the room. He mentioned that he is diligently trying to pass the municipal gas tax bill and we will keep trying to get it passed. He talked about the hopes of the Chapter 9 program giving back more money to the town. Representative Jones also mentioned he is trying to work out a way to get more money back to the towns from the lottery. He ended with noting the good partnerships with local and state money. Mr. Dockser then opened it up for questions. Mr. LeLacheur asked if we should care if the casinos pass or fail? Representative Jones answered with potentially. There was a request for an update on the Community Preservation Act. Senator Lewis explained the state used to match the money 100% but it has dropped as more communities joined. It is currently matching around 20 -30 cents per dollar now. However the money received can now be used to update old parks where as before it was only for new parks to be established. There are other sources of revenue that Towns can put into the CPA fund and the state will match, however voters would have to approve a 1% surcharge on property tax. A resident asked how we can keep up with updates on the Chapter 70 program? Senator Lewis said there will be four public meetings that will all be advertised beforehand and anyone can come and listen and even participate in some of the discussion. Mr. Dockser stated that Reading has always been a very proactive town but has noticed that sometimes, other towns that are less proactive get rewarded as well. Mr. Dockser would like to know what we can do to be noticed and rewarded for being as proactive as we are? Representative Jones stated to continue being proactive and that is something the state needs to take a look at and be aware of what towns are doing what when it comes to handing out rewards. He stated it's not going unnoticed that Reading is proactive but maybe the state needs to be more aware of who they are rewarding. Mr. LeLacheur thanked the Legislators for coming tonight and welcomed them to stay for the rest of the meeting if they would like. Mr. LeLacheur stated our cash reserves are adequate but our operating budget cannot be sustained. He said we need to start coming up with new sources of revenue like real estate, grants, state aid, and an override. The Town Manager noted we will be $3 million in the hole if health insurance premiums go up 14% but the health insurance is our biggest unknown factor right now. The room then generated a list of potential ideas to create more revenue that included joining some of the programs mentioned by the Legislators, sale and use of public land, private partnerships, parking fees, facilities rentals, and sponsorships. Inc Page 1 2 Board of Selectmen Minutes - September 10, 2014 - page 3 David Hutchinson gave an update on the Library project. He said we are in complete design and all contractors have prequalified. The library relocation will happen in October and they hope to close the library for around 2 -3 weeks for the move. We are on budget and expecting about $5 Million from the state, $2 Million has already been given to us and we are expecting another $1 Million soon. Elaine Webb from the School Committee thought it would be helpful to see some numbers from the budget from last time the town had an override. She wanted to know if we are at the same level we were before the 1993 override. Selectmen member Marsie West indicated we are not but we can't wait until it gets that low this time because of other factors in our budget now. Mr. LeLacheur said we need to look at the past history with our budgets and overrides and learn from them. Chuck Robinson from the School Committee said we can use them as an example but everything was different back then, the projects were different, the costs were different, and it would be hard to say if the level we are at right now compares to what we were at last time because of all the factors that are different. The meeting was adjourned at 10:00 p.m. Respectfully submitted, Secretary 1� 1 � w3 Page 1 3 Town of Reading Meeting Minutes Board - Committee - Commission - Council: Board of Selectmen Date: 2014 -09 -23 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Time: 7:00 PM Location: Selectmen Meeting Room Chairman John Arena, Vice Chairman Marsie West, Secretary Daniel Ensminger, John Halsey and Kevin Sexton Members - Not Present: Others Present: Town Manager Bob LeLacheur, Office Manager Paula Schena, Attorney Robert S. McCarthy, David Williams, Robert Salter, Michele Benson, Laurie Ann Sylvia, Kathy Greenfield, Gina Snyder, Terry Selle, Nancy Dockter, Ron O'Keefe Jr. Minutes Respectfully Submitted By: Secretary Daniel Ensminger Topics of Discussion: Reports and Comments Selectmen's Liaison Reports and Comments - Marsie West noted that she watched the Reading Municipal Light Board meeting last evening and there was a lot of discussion regarding Articles 14 and 15. They discussed the timing of the articles and noted that the trucks have been returned to the Light Department and policies are being reviewed. The Town Accountants investigation found that procedures were not followed. The policies at the Light Department are very old and changes were made regarding subcommittees while she served on the Light Board. John Arena noted that he watched the same video and noted that Article 14 puts in place the language for the Finance Committee to look at the RMLD and Article 15 corrects the deficiency that makes the extinctions. Kevin Sexton noted that he and John Halsey attended a MAPC meeting today. They will be doing a market Analysis of downtown, One General Way, the property behind the RMLD and looking at industrial sites. They will hold two public meetings and will have a plan by June 2015. Daniel Ensminger attended a Historical Commission meeting. Criterion has presented a second plan which will not demolish the house and puts the parking in the rear. He feels the neighbors did a good job. He attended the Financial Forum on September 10th. He requested that the Board send a letter to the State reps urging full restoration of the lottery aid. In addition, he attended the RCASA presentation and they have received a grant for $125,000 per year for five years; a two year $50,000 per year grant to certify school educators and support staff in youth mental health first aid; and lastly they received a 5 year $250,000 grant to implement multi- tiered systems of supports for all students K -12. Page i 1 Board of Selectmen Minutes - September 23, 2014 - paae 2 John Halsey thanked Selectman Ensminger for attending the RCASA meeting for him. He noted that RCASA has taken the leadership role and their annual meeting is October 1, 7:00 p.m. in the Performing Arts Center. He noted there will be a reconnect of the World Cafe on October 23rd at the field house and there will be regional interest in this. The Board of Health has been undergoing a strategic planning process to try and understand where we are and where we are going. The Recreation Committee has an offer for Birch Meadow that calls for dugouts at Morton Field and it will be done free as a public /private partnership. Also, the Recreation Committee is. partnering with a software company to schedule the tennis courts online. They are also working on a policy regarding running of various camps regarding employees declaring a conflict of interest. The lights are up at Memorial Park and will be on October 1St. There is a new rock wall at Memorial Park; Washington Park is underway and the first phase will be done by mid - October; there will be Trick or Treating in downtown this year; 600 kids are signed up for flag football and there are girls divisions; and the Fall Street Faire was a big success. John Arena agreed with Selectman Halsey that the public /private partnerships works so well and will continue to grow. Public Comment - Bob Salter, 247 Summer Avenue agreed that the public /private partnerships work so well. He also noted that there is a concern regarding Criterion. They have collected 650 signatures asking Criterion to find another site. There are 250 signs on lawns and another 250 signs will be added this week. The community is collectively voicing concerns and the alternate plan does very little for the concerned residents. It is a bad deal for the neighborhood and Criterion should be encouraged to find a more appropriate location. Bill Brown noted that today is the 70th anniversary of the Rockets. Attorney Robert McCarthy, 39 Pine Ridge Road, noted he is the rep to the Northeast Regional Vocation School. They are planning on holding a lottery for labor which will give $10,000 in free repairs to town vehicles and he needs a contact for the Town. The students will do the body work and repairs for free and the Town pays for the materials. They will draw a winner on October 9th. They are trying to connect with communities. The Town Manager suggested that the kids put a plaque on their work. Bill Brown noted that he used them to make the hooks for the plants at the cemeteries. Ron D'Addario noted that the students did the renovation work at the Mattera Cabin. Town Manager's Report - The Town Manager noted that the Library bids will be in the later part of October and as far as he knows everything is on track. The Board of Selectmen are posted for 7:00 p.m. on September 29th regarding Morton Field. On page 8 and 9 of tonight's handout is information on Chelsea being honored as "All America City ". Chelsea City Manager Jay Ash invited him to this event and all of the winners had recovered from bad situations. Chelsea used a process similar to the 2020 process that we are doing. The "Amish Renegade" is being filmed in Reading and they like Reading so much they will do a lot of shots around Town. Lastly the Board of Selectmen, School Committee and Finance Committee will meet to discuss the financial impact of the grants and Schools/Town and public partnerships. Discussion /Action Items Climate Advisory Committee Adaptation Report - The Climate Advisory Committee members were present. Chairman David Williams noted that the report was based on data from many resources. The climate is changing including rising temps and sea water warming. The U.N. report indicates that if nothing is done the temperatures will continue to rise. We are experiencing migrating weather patterns with more heat waves and violent storms. �� Climate change brings disruption of power and sanitary services, reduced access to food and water, heat stress, worsened respiratory and cardiovascular disease, damaged homes and property, and wetland degradation. t 6 Z i Page 1 2 Board of Selectmen Minutes - September 23, 2014 - page 3 Mr. Williams noted that emergency preparedness should be encouraged including assembling emergency kits for the home and car; plan emergency evacuation, route /destination; employ alternative forms of energy and knowing the emergency siren signals. John Arena asked who they are getting the word out and Mr. Williams indicated they do Green Articles for the newspaper and distribute information on Earth Day, the Fall Street Faire and the Reading Municipal Light Department. Ron D'Addario noted that the problem is that the word needs to get out. He noted he joined the climate walk in New York this past weekend. He noted that we need to adapt to what is happening and what will happen in the future. It takes 10 years before we feel the affect. The Board thanked the Climate Advisory Committee for their work. Hearing - Town Forest Committee Rules and Regulations - The Secretary read the hearing notice. The Town Manager noted that Town Counsel indicates that #13 does not fall under the purview of the Town Forest Committee. Town Forest Committee Chairman Terence Selle indicated that all parties including Boy Scouts, dog walkers and bird watchers are happy with the rules and regulations. He noted that they could correct the wording about fines to say it will be administered by the Police or Fire Department. John Arena asked if there is a chronic issue and Mr. Selle indicated not that he is aware of but there were some deliberate fires set. Daniel Ensminger noted the wording is redundant because it is stated in the law. Mr. Selle noted that they are looking at putting up kiosks with the rules inside and they can also put up warnings and information. John Arena noted that the rules are rather long and suggested combining #2 and #4, #5 with #6, #10 with #11 and #7 with #17. A committee member noted that #7 and #17 are specific to groups. Marsie West asked if 32 included Town work and the Town Manager noted if it is an emergency we fix it, if not then the Town Forest Committee does. Gina Snyder thanked the Town Forest Committee for their work. She noted that seven rules weren't working. The Police said they couldn't enforce because there were no rules and that is why they are lengthy. Todd Petrine, a resident on Temple Street, commented that #5 and #6 should be separate. A motion by Ensminger seconded by West to close the hearing amending the Town Forest Committee Rules and Regulations was approved by a vote of 5 -0 -0. A motion by Ensminger seconded by West that the Board of Selectmen approve the Town Forest Committee Rules and Regulations as amended by striking #13 and renumbering the remainder was approved by a vote of 5 -0 -0. Hearing - Order of Taking - 87 and 93 Belmont Street - The Secretary read the hearing notice. Town Engineer George Zambouras noted that this is the next to the last step in acquiring the water easement to improve water flow in the Libby Avenue area. This easement is over the existing drainage and sewer easement. We are not increasing /� easement space, we are just adding water use to it. The assessed value is $200 and the water main will be installed next summer. (� 3 l� Page 1 3 Board of Selectmen Minutes - September 23, 2014 - page 4 Kevin Sexton asked where the easement is and what is there now. George Zambouras noted that the easement is 10 feet on either side and there is a drainage brook, sewer line and plantings there now. The plantings will be replaced. John Halsey asked if we are running another pipe and George Zambouras noted that we are running another pipe and adding another use. Christopher White, 93 Belmont Street, noted that the dotted line is flared and George Zambouras noted they had to angle the easement to go around a tree that Conservation won't let us remove. Erland Anderson, 87 Belmont Street, noted that the Conservation Commission declared that as a drainage ditch. George Zambouras noted that the dark blue line is a river and the light blue could be a river or stream. Mr. Anderson noted that there is a telephone pole at the beginning of his driveway and George Zambouras noted that the pole and iron pins will be reset. Mr. Anderson asked how the Town will get equipment in without trespassing and George Zambouras noted we will remove the telephone pole if the need be. Mr. White asked how the dollar amount was figured and the Town Engineer noted that there is not a big difference in area of the existing easement already there. If it were a brand new easement then it would have been worth more. The rhododendrons will be removed and replanted. The trees will be removed and replace but will not survive replanting so the Town will replace with whatever the resident wants as long as it's not too big. Mr. White asked if he had a choice on whether he wants the easement and the Town Engineer noted Libby Avenue is surrounded by wetlands and this is the only way to go. Mr. White noted he is losing his privacy screen. Kevin Sexton noted that a lot of flowering trees grow low and the Town Engineer noted that they cannot plant on the easement. John Halsey noted that if the homeowners want something different we should be able to accommodate within reason. A motion by Ensminger seconded by West to close the hearing was approved by a vote of 5 -0 -0. A motion by Ensminger seconded by West to approve the order of taking of water easements at 87 and 93 Belmont Street was approved by a vote of 5 -0 -0. Close Warrant for Subsequent Town Meeting - Dorothy and Walter Marshall were present asking the Board to sponsor an Article that will not allow the discharge of firearms on private property because they feel it is a public safety issue. Mrs. Marshall noted that they have reported it to the Police that there are shots at nighttime in the winter for trapping and shooting of animals. They were told they need Selectmen approval and she wants this done before hunting season. She noted that her abutters will support this. Mr. Cohen or Tony Ringley can present to Town Meeting. John Arena asked when the last discharge was and Mrs. Marshall indicated in March. She feels it is ludicrous that a person can discharge a firearm on their property and noted that some guns can shoot at a distance of two miles. They have to be 150 - 200 feet from a structure and there are only two parcels in Town where this can be done. John Arena asked what the Police response was and the Town Manager noted that the Police investigated and found nothing. John Arena asked if there is any damage or evidence and Page 14 Board of Selectmen Minutes - September 23, 2014 - page 5 Mrs. Marshall indicated there is not. John Arena asked if it could be fireworks and Mrs. Marshall indicated it could be but she doesn't think it is. John Halsey asked what other places in Town this would affect if this was endorsed. He asked about the unintended consequences of supporting this and what is considered too close for someone to be shooting. Selectman Halsey also noted that the gun that shoots two miles are not allowed for hunting. The Town Manager noted that our GIS Coordinator can answer those questions but she has not been a part of this exercise. Kevin Sexton noted that all of the abutting Towns do not allow the discharge of firearms. John Arena noted that he wants to see the GIS map and consider this for a future Town Meeting. He wants to hear from the Police Chief and GIS Coordinator first. Chairman Arena noted that he wants to get it right instead of fast. We are trying to do due diligence. There is no sign of damage or evidence and they are not even sure where the shooting is coming from. The Town Manager noted that Mrs. Marshall did report this to the Police in July and they have been investigating it but there was no talk in July about going to Town Meeting. He noted that the Board could move to amend the Warrant by striking Article 10. John Halsey noted that if they have a petition they can put it on the warrant without Selectmen approval. The Town Manager noted that the language does not state any remedy it just the lists the bylaw so it can't be used as a petition article. Marsie West and Kevin Sexton indicated they support putting it on the Warrant and then do the due diligence. Daniel Ensminger noted that having the Selectmen sponsor an Article shows that the Board of Selectmen endorse it. Marsie West noted that only two votes of the Board of Selectmen are needed to put this on the Warrant. A motion by Ensminger seconded by West to close the Warrant consisting of 10 Articles for the 2014 Subseguent Town Meeting to take place on November 10, 2014 at the Performing Arts Center, 62 Oakland Road was approved by a vote of 3- 0-2 with Halsey and Arena abstaining due to lack of information on Article 10. Close Warrant for November Election - Daniel Ensminger noted that the Warrant states that this is the State Primary Warrant when it should say the State Election Warrant and that needs to be corrected. A motion by Ensminger seconded by West to close the Warrant for the November 4, 2014 State Election as amended was approved by a vote of 5 -0 -0. Hearing - Request for Early O 2ening - Cumberland Farms, 303 Salem Street - The Secretary read the hearing notice. Attorney John Smolack was present representing Cumberland Farms. He noted that the request is to open at 5:00 a.m. from Monday - Friday. The cars are lining up at 6:00 a.m. and they want to capture the early commuters. He feels there is no significant impact to the neighborhood. Also, 8 Torre Street has been purchased to add parking onsite. Marsie West asked if the deliveries and trash pickup schedules will remain the same and Attorney Smolack indicated that is correct. The Town Manager noted that CPDC issued the Page 1 5 �P Board of Selectmen Minutes - September 23, 2014 - page 6 site plan review and that dictates the trash and delivery hours. He also noted that it has been a pleasure working with the Cumberland Farms staff. Ron O'Keefe, from Precinct 1, asked what other businesses open early and the Town Manager noted that JK Market, two Starbucks, two Dunkin Donuts and a Shell station that is open 24 hours. Pat Driscoll, 7 Line Road, noted that this will be added noise and the cars will start lining up at 4:30 a.m. now. He noted he can't have his window open because of the car doors slamming. This will add to the traffic and lights at his house. He is against this. The Town Manager noted that if this is approved it will expire December 31, 2014 and there will be a renewal process. Mr. Driscoll indicated they don't need to open an hour earlier. He noted that this has become a construction truck meeting area with trucks running and people talking. He noted that is why they added to the parking lot. Attorney Smolack noted that there is a fence and a brook between Mr. Driscoll's house and the store. Mr. Driscoll noted that it is not just headlights but store lights that shine on his house. Daniel Ensminger noted that he will vote against this because there is already a detriment and it will worsen with this. John Arena noted that this can be approved and corrected midcourse. Kevin Sexton indicated this is a short window and can be corrected if there is a problem. The store Manager noted that they have changed the lighting when the neighbor asked them so they are trying to be a good neighbor. The new hours will start after the construction in about three weeks. Mr. Driscoll asked how this benefits the Town of Reading and John Arena noted this meets public safety needs for gas and food. A motion by Ensminger seconded by West that the Board of Selectmen close the hearing on the request for early opening for Cumberland Farms, 303 Salem Street was approved by a vote of 5 -0 -0. A motion by Ensminger seconded by West that the Board of Selectmen approve a license to operate a retail business between the hours of midnight and 6:00 am Street, subiect to the following conditions: 1. This license is for approval, pursuant to the Board of Selectmen regulation 3.9, to open for business not earlier that 5:00 am on Monday through Friday, and not earlier than 6:00 am on Saturday. Sunday, and holidays. 2. This approval expires at midnight, December 31, 2014: 3. All signs shall conform to the Zoning Bylaws of the Town of Reading: rt�?) In granting this license the Board findsthat in accordance with Section 5.10.4 of the General Bylaws: Page 1 6 Board of Selectmen Minutes - September 23 2014 - page 7 • It is in the interest of the public health, safety and welfare, or that Public necessity or convenience will be served by Permitting such operation; and • There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. The motion was approved by a vote of 4 -1 -0 with Ensminger opposed Amend Board of Selectmen Policy 3.2.7.4 Agents of the Licensing Authority to include Deputy Chief - John Arena noted the current language does not have Deputy Chief so that needs to be added. A motion by Ensminger seconded by West that under Selectmen's Policy 3.2.7.4 that the Licensing Authority hereby appoints the Deputy Chief of Police as an additional agent of the Licensing Authority to insure that the policies of the Licensing Authoritv and the Massachusetts State Laws regarding Alcoholic Beverage Licensing are adhered to by all licensees, was approved by a vote of 5 -0- 0. Award Bond Anticipation Note Sale - The Town Manager noted that we usually don't issue short bonds but this has to be done in the fiscal year for West Street, easements and possibly some temporary library funding. . A motion by Ensminger seconded by West that all action taken by the Town Treasurer in advertising for public sale of the $1,000,000 Bond Anticipation Notes, (the "'Note ") of the Town authorized pursuant to Chapter 44, Section 7 of the Mass General Laws, as amended and supplemented, and by votes of the Town duly adopted, be and hereby is ratified, approved and adopted; That the Note shall be dated as of September 26, 2014, shall mature on February 6, 2015, shall bear interest due at maturity, and shall not be subilect to redemption prior to its stated maturity; That the Note shall bear interest and is hereby sold and awarded as follows: Purchaser Amount Int. Rate Premium Century Bank $1,000,000 0.4192% $3,000.00 That the Town Treasurer is authorized to deliver the Note to purchaser and that the Board of Selectmen, the Treasurer and the Town Clerk be and hereby are authorized to take action to execute and deliver all documents related to the Sale. The motion was approved by a vote of 5 -0 -0. Approve Change of DBA for the Wine Shop of Reading - A motion by Ensminger seconded by West to approve the change of dba for Brooks Brew and Fine Wines, LLC to the Wine Shop and More was approved by a vote of 5 -0 -0. Finalize Town Manager FY1S Goals - The Town Manager noted that the summary begins on page 23 of tonight's handout. He noted that many Selectmen met in individual meetings except for Marsie. Marsie West indicated she would like to add actively marketing the Town to residents and businesses and build good relations with businesses. The Town Manager noted that 1/3 of the goals didn't fit in the plan. John Halsey noted that V� is because it's tactical. o7 Page 1 7 Board of Selectmen Minutes - September 23, 2014 - page 8 John Arena and Daniel Ensminger indicated they would work with the Town Manager to add the goals into a framework. A motion by Ensminger seconded by Halsey to approve the FY15 Town Manager goals as oresented was approved by a vote of 5 -0 -0. Town Manager Evaluation - John Arena noted that John Halsey and Daniel Ensminger prepared the format for the review. Daniel Ensminger asked for comments. John Arena indicated he thought they talked about three rankings - 1 - 3 and N /A. Daniel Ensminger indicated he will change it to: 1 - N /A; 2 - does not meet; 3 - meets; 4 - exceeds. Approval of Minutes A motion by Ensminger seconded by Halsey to approve the minutes of September 2 2014 as amended was approved by a vote of 5 -0 -0. A motion by West seconded by Sexton to adilourn the meeting at 10:27 R.M. was approved by a vote of 5 -0 -0. Respectfully submitted, Secretary Page 18 9 p38' Town of Reading Meeting Minutes Board - Committee - Commission - Council: Board of Selectmen Date: 2014 -09 -29 Building: School - Memorial High Address: 62 Oakland Road Purpose: General Business Attendees: Members - Present: Time: 7:00 PM Location: Performing Arts Center Chairman John Arena, members John Halsey, Kevin Sexton, Dan Ensminger Members - Not Present: Marsie West Others Present: Town Manager Robert LeLacheur, Joe D'Alession, Jeff Pierce Minutes Respectfully Submitted By: Secretary Daniel Ensminger Topics of Discussion: Discussion /Action Items Dugouts at Morton Field - John Halsey briefly introduced two members from the Reading Babe Ruth League, who were interested in presenting an idea to the Board. Mr. D'Alessio and Mr. Pierce reviewed a request to build dugouts at Morton Field, according to the attached PPT presentation. They asked that the Town do the demolition work of the existing dugouts, and then the Babe Ruth League would fund and take care of the rest of the project, with the permission of the Selectmen. They emphasized that the new configuration would protect the players from the hazards of foul balls first and foremost. In addition, during inclement weather both players and equipment would receive some protection (from both rain and sun). Mr. LeLacheur asked if there would be significant excavation work, and Mr. D'Alessio replied there would not be, as the dugouts would be built above ground. Mr. Ensminger asked about future maintenance, and both Mr. D'Alessio and Mr. Halsey gave examples where chain link fences around town last a long time, and come with a 40 year warranty. Mr. Arena asked about snow damage, and Mr. D'Alessio replied that a Wisconsin firm makes the dugouts they are looking at, so they have plenty of experience building in that type of climate. Hr. Halsey noted that Symonds Field still looks like new. Mr. LeLacheur noted that these plans as presented fit in well to the Birch Meadow Master Plan. He also said that the Recreation Committee, who is currently charged with re- evaluating that plan, unanimously endorsed this proposal at a recent meeting. On a motion by Mr. Ensminger, seconded by Mr. Halsey, the Board voted 4 -0 -0 to U approve the Proposed Dugout Construction at Morton Field as presented. Page 1 1 6'!�_( Board of Selectmen Minutes - September 29, 2014 - page 2 Mr. Halsey thanked the Babe Ruth League for their support of both the project and the youth in the community. Mr. Ensminger moved to adiourn at 7:12pm, seconded by Mr. Sexton, and passed by a 4 -0 -0 vote. Respectfully submitted, Secretary Page 1 2 �GZ Schena, Paula From: Marsie West at home Sent: Tuesday, October 14, 2014 9:43 AM To: Schena, Paula Subject: Re: Packet and searchable minutes Hi Paula, I have an update to the minutes from 9/23 in the liaison reports. In the first paragraph, the last sentence should be replaced with the 2 sentences below: The policies at the Light Department are very old and she noted that changes were made regarding the sale of Renewable Energy Certificates and subcommittees while she served on the Commission. She was not sure why the policies did not continue to be reviewed and updated after she left the Commission. Thanks, Marsie On Thursday, October 9, 2014 4:58 PM, "Schena, Paula" <pschenaa- ci. reading. ma. us> wrote: Paula Schena Office Manager Town of Reading 16 Lowell Street Reading, MA 01867 781 - 942 -9043 pschena _ci.reading.ma.us Please let us know how we are doing and fill out the survey at the following link: http://readingma- survey.virtualtownhall.net/survey/sid/ff5d3a5fO3e8eb6O/ -7 L Schena, Paula From: John Arena at Home Sent: Monday, October 13, 2014 5:34 PM To: LeLacheur, Bob; Schena, Paula Subject: Minutes of 9 -23 Hi Paula: On the 2014 -09 -23 minutes - Paragraph 2 should read "... and Article 15 corrects the language gap that makes a distinction between the Town, Schools and RMLD with regard to Finance Committee inquiries." (previously read as 'extinctions'... N.) 73 ,w �. • - mow► .,/� � ! p • t . . lb w ,1Y_ Description Inspections I rrrrTff Plumbing Inspections Electrical Inspections Gas Inspection s Resident Parking/ Compost FYI 4 Revenue $21k $23k $52k $12 k $5.5k $13k $3k $26k $81k Description Fire Alarm Permits Flammable Storage Day Care Inspections Gun Powder Sto rag Single Family Smoke Detector Two Family Smoke " Detector ;�j r A,&,- Permit AM EMEWWWO Current Fee Average Fee �M $36 Proposed Fee $ 25 Description Res. Plumbing I Ow Fixture 4 Comm. Plumbing 1 Fixture Res. Gas 1 Fixt' Comm. Gas 1 Fixture qm Res. Plumbing & Gas up to 3 fixtures 1jectrical 1 -10 outlets Current Fee 9 g � a 22 Average $50 E Proposed Fee Pet Onenina/C Description I Current I Proposed Fee Fee utility Construction or $ 50 $ 50 Reconstruction St. Occupancy $ 2 $ 50 Permit Driveway $ - $ 50 Construction Sidewalk $ 25 $ 50 Construction Curb Installation $ 25 $ 50 Peer Communities L $50 H $575 L$10H$160 L $25 H $160 r'L$50H$160 I L$25 H $160 Description Mike Current Fee Proposed I Peer Fee Communities $ 100 L $50 H $250 1 50 H $250 MM Description 3/" Valve Replacement do 1" Valve Replacement e ep acement j Meter Test Hydrant Test Flow Tapping Fee J l 1 Prooa Current Fee Proposed Fee 16 $ 100 11 $50 �$ 75 +Cost of ad $250 :1 rVA11• Description Plan Scans (per sheet) Soil Test fwitness \Inspection ?rODC Current Fee Proposed Fee $0 $25 +$10each additional test